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Sciences 
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33  WIST  MAIN  STREET 

WEBSTER,  N.Y.  MStO 

(716)  •72-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /'  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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to 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 
D 


n 


n 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagte 


Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pellicul6e 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 

Coloured  maps/ 

Cartes  g^ographiques  en  couleur 

Coloured  inic  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire} 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
ReliA  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serr^e  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout6es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  itA  filmies. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  methods  normale  de  filmage 
sont  indiquto  ci-dessous. 


□   Coloured  pages/ 
Pages  de  couleur 

□    Pages  damaged/ 
Pages  endommag6es 

□    Pages  restored  and/or  laminated/ 
Pages  restaur6es  et/ou  peilicul6es 

E    Pages  discoloured,  stained  or  foxed/ 
Pages  d6colortes,  tacheties  ou  piqu6es 


Pages  detached/ 
Pages  ditachtes 


j~|    Showthrough/ 
L_l   Transparence 

□    Quality  of  print  varies/ 
Quality  inigaie  de  I'impression 

□    Includes  supplementary  material/ 
Comprend  du  materiel  supplimentaire 

□    Only  edition  available/ 
Seule  Mition  disponible 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d 'errata,  une  pelure, 
etc.,  ont  AtA  filmtes  A  nouveau  de  fapon  d 
obtenir  la  meilleure  image  possible. 


Th 
po 
of 
fill 


Or 
be 
th< 
sic 
oti 
fir 
sio 
or 


Th 
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bei 
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Additional  comments:/ 
Commentaires  suppl^mentaires: 


Pagination  continued  from  Vol.  7. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  de  reduction  indiquA  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

7 

H 

12X 


16X 


20X 


24X 


28X 


32X 


Th«  copy  filmed  h«r«  has  b««n  raproduced  thanks 
to  tha  ganarosity  of: 

Supreme  Court  of  Canada 
Library 


L'axamplaira  filmi  fut  raproduit  grAca  d  la 
gAnArositi  da: 

Cour  supreme  du  Canada 
Bibliotliique 


Tha  Imagas  appearing  hara  ara  tha  bast  quality 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  spacificationa. 


Las  images  suivantes  ont  6x6  reproduites  avac  le 
plus  grand  soin.  compte  tanu  da  la  condition  at 
de  la  nattet*  de  I'exemplaira  film«.  at  en 
conformity  ivec  lea  conditions  du  contrat  da 
filmage. 


Original  copiea  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illuatrated  imprea- 
sion,  or  the  back  cover  when  appropriate.  All 
other  original  copiea  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illuatrated  i*.iprea- 
sion.  and  ending  on  the  laat  page  with  a  printed 
or  illustrated  impreaaion. 


The  laat  recorded  frame  on  eech  microfiche 
shall  contain  the  symbol  ^^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (mraning  "END"). 
whichever  appliea. 


Lee  exemplairaa  originaux  dont  la  couvarture  en 
papier  est  imprimAe  sont  filmte  en  ^ommanqant 
par  le  premier  plat  at  an  tarminant  soit  par  la 
darnlAre  page  qui  comporte  una  empreinte 
d'impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  le  cas.  Tous  las  autras  axemplairas 
originaux  sont  filmAs  an  commandant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impreasion  ou  d'illustration  at  en  tarminant  par 
la  darnlAre  page  qui  comporte  une  telle 
empreinte. 

Un  dee  symboles  suivants  apparaitra  sur  la 
derniAre  image  de  cheque  microfiche,  salon  le 
cas:  le  symbols  — i»>  signifie  "A  SUIVRE".  le 
symbols  V  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratioa.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hend  corner,  left  to 
right  and  top  to  bottom,  as  many  framea  aa 
required.  The  following  diagrama  illuatrate  tha 
method: 


Lea  cartes,  pienches,  tableaux,  etc.,  pauvent  dtre 
filmte  6  das  taux  de  rMuction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichi,  il  est  film*  6  partir 
de  I'angia  supArieur  gauche,  de  gauche  6  droite, 
et  de  haut  en  bee,  en  prenant  la  nombra 
d'images  nAcessaire.  Las  diagrammes  suivants 
illustrent  la  mAthode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

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INDEX-DIGEST    7^^- 


/  "V  -"^ 


46 


ot 


'  dae  Sifi/  2s-9'-i- 


RIGHTS,    REMEDIES, 


A5S 


PRACTICE, 


^  4  ^ 


AT  LAW,  UNDER  THE  CODES,  AN^D  12^  EQUITY. 


ET 


JOHN   D.   LAWSON, 

AUinOB  OP  WORKS   OJi   PRESUMmVE  EVIDENCE,  EXPERT  E\^T1E^•CS,  cauhikks, 
USAGES  K&a  CUSTUilS,   DICiJi.SSiuj  10  CliliXE,    tic. 


*  '  r  p  f  r  •  » iC  '  ■•■  -  'V  ^  ~ 


C  ••r. 


Of^;!.c^/^r 


SAN   FRANCISCO: 

BANCROFT-^yIIITNE^   COMPAi^T, 

Law  Pdbusuebs  and  Law  Booilselleus. 

1891. 


Entered  according  to  Act  of  Congress,  in  the  :>ear  IS91,  by  the 

BANCROFT-WillTXEY  COMPANY, 

In  the  office  of  the  Librarian  of  Congress  at  Washington. 


per 
tha 

OTVI 

Anc 
dex 

as  t! 

t: 

fittii 
and 
Bar, 
Jose 


PREFACE. 


The  necessitj  of  an  index   unaer  one  alphabet  to  the 
seven  volumes  of  Eights,  Re^^edies  and  Piuctice  is  ap. 
parent,  and  was  felt  long  b.fu.o  the  T.-ork  had  been  com- 
pleted.    It  is  clear  that  to  make  the.e  seven  volumes  a  real 
working  librar:^  to  the  legal  practitioner,  it  is  of  vital  im- 
portance  that  everjoue  of  the  thousands  of  leg.l  points  and 
rahugs  ^vhich  they  contain  should  be  open  to  him  ;;-ithout 
the  necessity  of  spending  the  time  which  the  consultation 
of  seven  separate  indi.eg  would  require.     And  as  this  work 
of  a  complete  index-digest  could  only  be  once  done,  it  was 
determined  that  it  should  be  well  done.     Hence,  that  the 
present  volume  is  a  large  book  is  due  to  the  fact  that  it  was 
deemed  better  by  both  publisher  and   author  that  no  ex- 
pense  nor  labor  should  be  spared  in  its  preparation,  rather 
than  that  an  incomplete   index  should  bo  offered  to  the 
owners  and  readers  of  Eights,   Eemedies  axd  Practice. 
And  so,  after  a  most  minute  and  careful  digesting  and  in- 
dexing of  the  seven  volumes,  a  key  to  them  is  now  presented 
as  the  eighth  and  final  volume  of  the  work. 

This  place-the  preface  to  the  last  volume-arords  me  a 
fitting  opportunity  to  acknowledge  the  valuable  assistance 
and  faithful  services  of  three  members  of  the  San  Francisco 
Bar.    during  the  last  two  years  of  my  labors.     To  Mu 
Joseph  A.  Joyce  Vol.  II  owes  the  title  F^utors  and  Ad- 


vi 


PREPUCE. 


viimslmtors,  and  Vol.  VI  the  bulk  of  tho  titles  Deiicent  and 
DlslnbulioH  aucl  JVUla.  Mil.  Henuy  Thompson  prepared  the 
titles  Trudc-mai'lcs  in  Vol.  IV,  Modijmjvs  in  Vol.  VI,  and 
Public  OJiccrs  iu  Vol.  VII,  besides  rendering  mo  valuablo 
assistance  upon  the  title  Acliom  and  Dcfemcs  in  Vol.  VII. 
And  if  the  seven  volumes  are  freer  from  error  of  citation, 
either  in  name  of  ca.se  or  volume  of  report,  than  might  bo 
looked  for  iu  a  work  of  its  magnitude,  I  cheerfully  award 
the  credit  to  Mr.  George  D.  Gear,  who  while  the  volumes 
were  in  press  carefully  and  hiuoriously  compared  with  the 
original  volumes  of  reports  every  one  of  the  tens  of  thou- 
smds  of  citations  which  Eiguts,  Remedies  and  Practice 
contains, 

J.  D.  L. 


I 


E 


Al 


INDEX-DIGEST 


Of 


EIGHTS,  REMEDIES  AND  PRACTICE. 


[Volume,  pape  and  wrtlon  are  plvon  In  evcrj-  lng»:.noe,  an  1  In  tJiU  order.    Thug:  4, 
p.  8IJ1,  i  1S40,  rcftrs  to  volunio  lour,  at  jiafe  3171,  uiid  iu  bcclion  1819.J 


Abandonment. 

See  Insurance,  f;    Eminent    Domain,  Landlord    and 

Tk.vant,  6. 
aen-ant  abamloning  contract  before  end  of  term  cannot  re- 

cover  for  time  sjTved   j^  p_    449,5    2."1 

dissolves  contract  of  service l,  p,    4(15^  §    055 

mere  temporary  absence  of  servant  not  an  abandonment.  1,  p.    4G3,'  §    2C2 
employee  who  overstays  his  leave  of  absence  does  not  aban- 

don  his  place 1    p     ^g^^  §    052 

where  owner  abandons  property,  first  comer  may  take  it,  3,  p.  2.1S4!  §  1 309 

rif,'ht  to  manure  left  in  hi-^hway 3   «.  0385]  §  1310 

soil  thrown  on  land  of  another 3'  j,.  038^,'  g  j 310 

wood  running  in  stream  over  one's  land,  right  to 3!  p.  2360]  §  1310 

property  not    derelict  while    in    hands    of    officer    under 

P''"*^''* 3,  p.  23S5,  §  1310 

property  must  be  taken  possession  of  by  first  comer;  what 

is  a  suflii.icnt  ai)propriation 3,  p.  0350,  §  1310 

where  fruit  blows  or  falls  from  trees,  or  logs  or  other  prop- 

erty  carried  by  flood,  on  another's  property,  firsi  owner 

may  abandon  it  %\iihout  being  liable  for  damage  it 

,./^"r, 3>P-  23SG,  §1.?]0 

alter  ,f  he  enters  to  reclaim  it 3,  p.  ojy;^  g  ^^^q 

property  on  body  of  drowned  man  washed  ashore  from  ship- 
wreck not  derelict,  but  goes  to  his  personal  representa- 

.       V''^.■: 3,  p.  23S7,  §  1310 

where  derelict,  or  property  which  has  been  carried  away  by 

flood,  etc.,  is  saved,  rescuer  has  right  to  be  paid  costs 

and  expenses,  but  he  has  no  lien 3,  p.  23S7,  §  1310 


'"H 


C3j1 


ABANDONMENT — ABATEMENT  AND  SURVIVAL. 


Abandonment  -  (Pontinuod.) 

williiii  ficliiiinilty  juiisiliL'tion,  prrscrvcr  of  proprrty  lias  lirn 

on  it  for  MTvicos 3.  p.  2.';S7.  §  1  r^lO 

title  to  wrucka  uiid  abaiidonoil  vcsscla 3,  p.  2JS'J,  §  1312 

Abatoment. 

of  nuia-vni'i',  soo  I'vsements;  Ni'isance;  Watkuh  and  Water- 
cornsKs,  '.\. 
Abatement  and  Survival  of  Actions. 

autiuu  foiiiidid  iti  tort  did  imt,  at  common  law,  Kiirvivo  to 

tlio  pcrson.il  ropri'sciitiitives 7,  p.  5410,  §  31C6 

rights  of  action  arising  out  of  contract  survive,  unless  con- 
tract was  purely  jicrsonal  to  dcccaMcd,  or  tlie  injuiy 
rcsultinj,'  consisted  entirely  of  ]iei.N(iiial  MinV'iiiig..7,  p.  5410,  §  3130 

commondaw  doctrine  extended;  all  liylits  of  action  founded 
in  tort  to  property  now  Kurvivo,  ami  pass  as  assets  to 
the  personal  representative  of  deceased 7,  p.  .'5410,  §  3130 

test  of  assijinaltility  the  element  of  survival 7,  p.  541G,  §  3130 

actiou  for  defamation  will  not  aliato  l>y  death  of  defendant 
after  judj^mcnt  and  jicnding  an  appeal.  Case  reversed 
on  appeal,  action  abates 3,  p.  2370,  §  1307 

action  for  divorce  abates  by  death  of  either  party 2,  j).  14"J8,  §    7S0 

decree  of  divorce  afTec^.ng  projierty  rij;ht8  may  be  rcviewecl 

on  appeal,  after  death  of  one  of  them 2,  p.  142S,  §    7S0 

death  of  husband  does  not  abate  action  by  wife  under  civil 

damafie  law 3,  p.  1953,  §  1132 

cau&o  of  action  does  not  survive  against  legal  reprcsentativea 
for  damages  arising  from  continuance  of  nuisance  sub- 
sequent to  death 6,  p.  4S47,  §2977 

action  by  husband  against  railroad,  for  loss  of  services  of 

wife  caused  by  injury  to  her  survives  her  death. .2,  p.  1332,  §    730 

power  given   to  executors,   coupled  with  interest,  survives 

death  or  renunciation 2,  p.  1040,  §    920 

action  for  breach  of  promise  of  marriage,  docs  not  survive 

to  personal  representative 2,  p.  12'S7,  §    005 

cannot  be  prosecuted  after  death  of  dcfemlant 2,  p.  12S7,  §    C05 

abates  upon  marriage  of  parties 2,  p.  1288,  §    095 

where  suit  pending  at  time  of  removal,  deposed  executor 

has  no  further  standing  in  court 2,  p.  1028,  §    902 

executor  or  adininistrator  cannot  bo  sued  in  an  action 
■which  existed  by  statute  against  deceased  and  abated 
at  his  death 2,  p.  ICSO,  §    903 

death  of  bank  president  in  whoso  name  judgment  was  ob- 
tained does  not  abate  sui^  brought  in  behalf  of 
bank 1,  p.    709,  §   420 

where  charter  expires  by  Ir.pse  of  time  during  pendency  of 

appeal  of  suit  a^^ainst  corporation,  appeal  abates 1,  p.    R.'JS,  §    ."lO? 

ademption  and  abatement  of  legacies 6,  p.  5244,  §  3274 


4 
I 


ABBnEYIATIONS — ACCIDENT. 


0335 


Abbreviations. 

no  o))jfcti()ii  to  deed  timt  dosrription  of  lands  convcj'od  is  in 

tigurca  uud  ubbrcvialiuus 5,  p.  3S41,  §  C2S3 

Abduction. 

parcut  liny  nniiitnin  an  aotion  ng;uast  ono  who  entices  away 

or  abducts  ntiiior  cliiU 2,  p.  USO,  §    619 

Absonco. 

Sco  Attachment;  Domicii,. 

temporary  absence  tf  altoruey  docs  not  afTect  his  author- 
ity  1,  p.    270,§    109 

wlicro  hiLsband  or  wife  has  not  been  heard  from  for  three  or 

seven  years 2,  p.  Ui2,  §    7S7 

Acceptance. 

See  H.VNliS,  G;  NEGOTIABLE  In'STUCMENTS. 

Accession. 

See,  also,  Animal'';  Confcsion  of  rnoPEnxT. 

accession  defined,  title  by 3,  p.  2Wn,  §  1"15 

natural  and  artilluial  accession 3,  p.  2393,  §  1315 

trees  belon;^  to  owner  of  laud  in  which  root  is;  fruit  on 

tree  to  owner  of  tree 3,  p.  2.103  n,  §  1315 

cvcnwherothe  limbs mayovcrhang  the  landofanother.3,  p.  23!)3  n,  §  131,5 

young  animals  to  owner  of  female 3,  p.  23!t3  n,  §  1315 

iio  to  owner  of  water  on  which  it  is  formed 3,  p.  2393  n,  §  1315 

crops  belong  to  ovner  of  land  on  which  they  grow.  .3,  p.  2393  n,  §  1315 
plants  and  shrubs,  the  growth  of  cuttings  from  plants  and 

shrubs  mortgaged,  pass  to  mortgagee  by  accession, 

3,  p.  2394  n,  §  1315 
diridend  earned,  but  not  declared,  before  transfer  belongs 

to  owner  of  the  stock  when  dividend  is  declared,  and 

not  to  prior  owner 3,  p.  230tn,  §  1315 

trespasser  cannot  acquire  title  by  acces.sion 3,  p.  2394,  §  13 IG 

aliter  when  person  is  not  a  wronijdoer 3,  p.  2395,  §  1317 

accessions  to  chattels  are  covered  by  mortgage  of  them. 6,  p.  5000,  §  3079 
depositary  must  restore  not  only  thing,  but  increase  or 

profits 4,  p.  2037,  §  1713 

title  to  real  property  by 6,  p.  4391,  §  2G93 

Accident. 

accident  defined 3,  p.  1718,  §  1013 

person  not  civilly  liable  for 3,  pp.  1717-1719,  §  1013 

firearms  accidentally  going  off 3,  p.  1718,  §  1013 

accidental  trespass  is  not  actionable 7,  p.  SfiGl,  §  3()(!0 

mere  accidental  or  unintentiona'  act  lot  a  conversion.  .7,  p.  5084,  §  3GG7 
bailees  for  hire  not  responsible  fur  Ijss  by  act  of  God  or 

inevitable  accident 4,  p.  2901,  §  1730 

hirer  not  liable  for  loss  by  accident 4,  p.  2979,  §  1739 

borrower  not  liable  for  loss  or  damage  caused  by  inevitable 

accident 4,  p.  2945,  §  1723 


■* 


i 


Gl!j(j  ACCTDENT— ACCOUNT  STATED. 

Accident— (rnntinued.) 

titK:  hy  lonfii^iipii,  by  inevitable  accident 3,  p.  2400,  §  1323 

Accident  Insurance. 

Sfi-  Ins(U\.s(i;. 
Accommodation  Paper. 

puwcr   of  corpiirutiou  to   Bign   accommodation    p-ipor    for 

otlierh 1,  p.    CT'..  §    403 

implied  power  of  (x^'eiit  to  ni.ike  accomiiioibition  notes. .  1,  p.    lOG,  9      70 
accoiuniodatioii    iiarty,  rights  nnd   liabilities  of  ]iar;ic8  'to 

negotiate  paper  for  otlard'  accommodation 

4,  p.  2707.  §  ir.iKl;  4.  j..  2770,  §  1594 
accommodation  parties  to  bill^  and  notes  not  cu-sureties  nnd 

not  entitled  to  contribution .4,  p.  2771,  §  1594 

Accord  and  Satisfaction. 

what  is,  reipiisitcs  of 6,  p.  4228,  §  25G7 

accord  and  satisfaction  between    joint  creditors  and  debt- 
ors   6,  p.  42.10,  §  incT 

not  necessary  tliat  consideration  be  adecjuato 5,  p.  4231,  §  2508 

rt'iini.sittH  of  C(  nsi  ler.ilion  gcnerijlly 6,  p.  42.11,  §2.108 

acceptanee  of  »nia!kr  sum  uo  satiufaetion  of  larger  debt.  .5,  p.  4232,  §  2308 
Sec  C'oMl'ANIi:.S. 

Account. 

See  MoitTGAOES. 

duty  of  agent  to  keep  rPfpiLar  accounts 1,  p.    1S2,  §      89 

to  account  to  princ'i)al  for  money  received,  goods  sold,  and 

onlers  obtained 1,  p,     132,  §      89 

even  though  such  sales,  as  between  principal  and  purchaser, 

nreilltgul 1,  p.    132,  §      89 

failure  to  keep  accouuts  a  defense  to  suit  for  salary 

1,  p.  132,  §89;  1,  p.     l.-)I,§      90 

agent  obliged  to  account  only  to  princi^jal 1,  p.    lll.l,  §      89 

duty  of  broker  to  keep 1,  p.    397,  §    225 

attorney  must  render  accounts  to  client 1,  p.    297,  §    177 

pledgee   must   render   account   to  pledgor  of   income   and 

profits 4,  p.  3010,  §  1776 

duty  of  guardian  to  render  accounts 2,  p.  l.">71,  §    875 

accounting' by  executors  and  administrators 2,  p.  1090,  §    9S7 

action  of  account  lies  by  ward  agaii'.st  guardian  after  expira- 

ti<ui  of  guardianship 2,  p.  1C05,  §    8S3 

Account  Kender. 

proper  remedy  for  recovery  of  money  of  principal  in  hands 

of  a,'.nt 1,  p.     133,  §      89 

Account  Stated. 

what  is  an  account  stated 7,  p.  5727,  §  3GS0 

what  is  an  open  account 7,  p.  5729,  §  .'iOSG 

retjuisites  of  account  stated 7,  p.  5729,  §  3GS6 

etluct  of  account  stated 7,  p.  573U,  §  3GSG 


) 


i 


ACCOUNT  STATED— ACTION.  G3o7 

Account  Stated     (Pontinncil.) 

acoouut  fi.tiro  dciuai.,!,  cat.not  be  «plit  into  several   can.ps 

of  iKrtinn .  .  . ~  r-"/*   k  n  •  • 

admissi, ,n  of  .Icl.t.  to  o.mstituto  an  account  stato.I,'  must  *bi''     ' "  ' 
iii;v.lc  to  crc.litur  or  liia  agent,  i»  not  suirKient  if  ini.lo 

, /'""7"«'-''- 7.  p.  r,:30.  ^  ncs? 

must  l.cnia.Iol.ydul.tor  or  Ilia  fiRcnt 7   ,,    r,;.,    .  .^^^^J 

admi,Mon  nny  l,o  ,nad.-  cither  l.efore  or  after  action'  bn.u.l.t,"  " "    ' 

if  dcl.texi.stcd  before  fuit 7   „    r-oi    g  o,.*., 

on  iiccouat  wdl  ho  reopened 7    „    r.-n    «  v,«w 

Accretion.  7,  p.  o,Jl,  &  J08S 

See  Watkrs  and  Water-couksks,  2. 
Acknowledgement. 

of  dceila,  see    Dkkhs,  1. 

Ac   uTes '"""'*  '""^  ^"  .'ckuowlcdscd  without  the  state.  ..4,  f.  ClOl,  §  1998 

See  I.,A('HE.S. 
Action. 

ag,iin.strnilro.ad9,  see  Rati.roads,  5. 

for  Loacii  of  pro.uiH..  of  man  iit-e,  see  HiTsnwD  avd  WriT..  1; 
and  111  the  various  rclat.ons  see  the  v.irions  titks.  .SoJ 
also.   Ri.;.M,.;„„.:.s;  Wan..;  A«-,„knt;  hEvrir;  Vnnxi- 

MATK    ANU    IIKMOTE   CaUSE.     liotwcca    parlUCTS,    BCO 
rAKTNKKSUir,   7. 

1.  In  filCNKIJAU 

2.  When  Maintainablb. 

3.  \Viii;n    Nor   AlAINTAI.NABLa 

1.  Ill  Gt'iierul, 

what  is  an  "  action  at  l.iw  " "7  ^   k^co  o  „ 

what  is  a  "suit"  7.  p.  fi.-?^."},  g  H fCt 

whatisa"prosecuu:,n''';;;:;:::;::;: y'^-fif'-^'^^* 

actions  are  founded  upon  acts  or  omissions.'.'.'.'." 7'  !!'  tsV  !  tTt 

classes  of  actions. ...  ^l'  ' '  "•'*''•  ^  ^*^^ 

local  or  tnmsitory  actions";;;;;;;;;:;:: 7^;-^;!^!'^!'^"* 

real,  personal  and  mixed  actions. . .  7'  '"'  tlJ,'  !  '""^ 

actions  rx  a>Wn„7«  and  ,'.^d,lHo. . .  7   ^''  I'.tf'  J  •'^'*^"* 

di^tmction      between      actions     at    "law"  aiid  "sui'ts     i"'  '  ^ '''' 

e(piity 

equity  acts  on  person  individu.iUv. .  ..':..'.'.*;; 7'  '*'  g'.,','.?'  !."'"' 

equity  grants  specific  performance'  . .      7"  !''  r'l't  1 1^ ' " 

jury  tnal  not  necessary  in  equity ::.'.':;;;::::7;   ^  t^ii]     Jj  4 

choice  of  re,„nli.„  not  taken  away  l,y  the  codes 7.    .  .^4lV  ^  3  ,- 

agreements  to  re.'er  disputes  do  not  prevent  action ....  6,    ,.  5l'S(i'  §  3  00 
except  where   reference  is  made    conduion  precedent  to 
suit ,.  -, 

Icgislaturecannotcreateortakea^vayrightsofactibn'forpMt     "  '"' 
7,  p.  cost,  §3S04 


(5353 


ACTION. 


Action — (Continued.) 

uo  vested  right  in  remedies;  state  may  change  them  even  as 

to  wruii<;s  already  cuiumitted ' 1,  p.  GOS-l,  §  3SG5 

2.    When  mahitaiiathle. 

actionable  to  erect  huiWing  so  near  adjoining  land  that  wa- 
ter from  ruot  ii  discliargcd  theiciip(.ii 6,  p.  4T9S,  §  2942 

action  will  lie  for  a  non-feasance  in  a  niutual-lionefit  bail- 
ment by  failnre  of  one  to  make  or  otlitr  to  accept  the 
promised  bailment  delivtry 4,  ]>.  2973,  §  1733 

for  carrying  jiassenger  beyond  destination 4,  p.  '6'2-Hi,  g  1S9G 

railroad    not   lialdo    fur    neglect   of   conductor    to    fullill 

promise  to  wake  passenger 4,  p.  32-lG,  §  ]  S9G 

for  failure  to  transport  jiassingcr  according  to  contract. 4,  p.  H'l'dO,  §  1SS7 

by  servant  entitled  to  lodging  for  master's  failure  to  prop- 
erly lodge  him 1,  p.    4G5,  §    2C5 

by  master  against  third  person  injuring  set  vant 1,  p.    4UG,  §    288 

by  director  improperly  excluded  frini  meetings  by  his  co- 
directors 1,  p.    713,  §    421 

against  persons   subscribing  for  stock  for  another  without 

authority 1,  p.    73,",  §    441 

for  disturbance  of  sale  by  auction 1,  p.    3o6,  %    212 

against  bankiT  who,  liaving  funds,  refuses  knowingly  or  ljy 

mistake  to  honor  customer's  check • 2,  p.    950,  §    533 

for  breach  of  contract  to  keep  railroad  station  at  particular 

place 3,  p.  1000,  §   5G2 

by  husband  against  person  enticing  or  hai boring  wife 

2,  p.  1310,  §  714;  2,  p.  1332,  §    730 

against  physician  who  intrudes  strangir  into  bed-room  of 

si.  k  woman 7,  p.  GIGG,  §3911 

against  physician  for  neglect  in  infecting  persons  with  dis- 
ease from  other  patients 7,  p.  GIG7,  §  391 1 

•wife  may  sue  for  less  of  society  of  husband ..2,  p.  1312,  §    715 

by  husband  against  druggist  .vho  sells  laudanum  as  bever- 
age to  wife 2,  p.  1332,  §    730 

by  hohler  of  certilicate  of  stock  against  one  wlio,  having  as- 
signed certiticate,  causes  corporation  to  refuse  to 
transfer  stock  on  its  books 1,  p.    775,  §    4GG 

Throwing  of   bad-smelling  slops  and  liltli  by  defendant  on 

plaintitl's  premises 6,  p.  4S18,  §  295C 

by  defendant  against  whom  injunction  has  been  iinprojierly 

issued,  in  addition  to  remedy  on  bond 7,  p.  5701,  §  3704 

•gainst  bailee  terminating  bailment  before  completed.  .4,  p.  21)30,  S  1712 

action  will  lie  for  a  conspiracy  to  entice  citizen  of  one  state 
to  go  into  another  state,  where  ho  may  be  arrested  on 

civil  process 3.  p.  17SS,  §  1047 

or  for  a  conspiracy  to  maliciously  prosecute  him 3,  p.  1788,  §  1C47 

or  to  defame  him,  and  ruin  him  iu  his  professiou. . .  .8,  p.  1788,  §  1047 


ACTION  6359 

Action— (Continned.) 

or  to  .lefraud  a  crc<litor  ],y  taking  an  assignment  of  a  debt- 

or's  property  and  aiding  Inm  to  leave  the  state.  .3.  p.  17SS.  §  1047 
or  to  vex  or  haraas  a  person  by  having  hi,n  M.Ljectea  to  an 

inquisition  of  lunacy  without  cause 3    „   ,-cq   c  ioai 

or  to  fraudulently  withdraw  goods  of  defendant  i;:,:.;  "r^ieh  '  ^        ^ 

of  plaintiff 'a  execuiion....  o         i-cn  r  in.^ 

or  to  obtain   money  from  master' m;:!;;,;;' "by"  indu.i'n^" 

woikmen  to  leave  h.m S    ,,   i-m  s  in.- 

or  to  ruin  an  actor  by  hi.scs.  groans,  etc.;d;,;;nga  pe  -  '  ^    ''' 

formance o     1    • 

or  to  defraud  nie;<;h;u;; b^ ;;;;;;en;i;i i;;:;.;;;;-^^',^-  ''^''  ^  ^^"^ 

solvent  

or  to  obtain  from  ^o^r:^n:ecr^:n;;^::i;;^^[:^  p!  \^  f  Z] 

or  by  servants  to  quit  work  simultaneously 3    n    ll'jo  I  \aJl 

or  to  prevent  levying  of  taxes  by  county.! ....l]  l\      .  7      ^^ 

for  menacing  tenants  and  obliging  them  to  quit  land.  3    p.  2295'       079 
for    preventing    workmen    by  threats  from  completing 

work 0° 

for  maliciously  ^hng'a  H;;'t;;;;'g;;;,3::  j]  ]  i]]  [  igl  p!  So'  I  !o7a 

against  teacher  for  failure  to  instruct  pupil 7^  c^-'  «  ml 

.    When  not  Mainlainable.  '  ^  "'  "  '*''"'' 

for  mutilating  the  dead  body  of  plaintifiF's  intestate. . .  .3,  p   1717   §  1012 
for  refusing  to  sell  reserved  seats  in  a  theater  as  adver  ' 

tised 

for  infecting  one  with  venereal' d'is'JasV. ■■.■.■;.:  ] '.',[ 3"  ^"  IH^'  f  w\r 

forinducing  person  to  violate  his  contract 3    ^^  I  ,7' !    '  ? 

against  auctioneer  for  not  selling  goods  on  day  advertised 
by  him 

for  levy  of  execution  again'st  'on'e  pei son  'upon  'laii-'ls  'belo;.^-'    ^^^'  ^    ^^^ 
ing  to  another,  and  without  going  upon  land ....  3.  p.  2289   S  1277 

by  passenger  against  boat  whose  captain  refuses  to  let  him 

sell  or  trade  with  other  passengers 4   „   '?'"'/>  s  1  <?7a 

against  bank  directed  to  apply  deposit  to  payment  of  note  of  '  ^    ^ 

depositor,  and  neglecting q„     nr^   o    roo 

by  one  bank  again.t  another  for  collecting  it's"  bills  and  p're-' 

renting  them  forpayment  in  harass  ng  manner.. 2,  p.    907  6    53G 
against  arbitrator  for  conspiring  with  attorney  of  other  pa;ty 

to  induce  an  unjust  award o    ,■;    ,-,„   „  ,.,„ 

by  ..e  ..„„  „»  ,,e..„  ,,i.,„,,,.a  i„  a  „-„c,u„,;-ri,;i-,;ie!.'i':-    •  ^ ""' 

woods  with  a  female ....  3        mr  s    n 

against  a  railroad  conductor  pcrmitti'ng 'pa'sVenge'r' i^'traUT 

on  his  tram  w,th  st  den  goods  and  escape 3.  p.  1716  5  1012      " 

against  owner  of  land  because  the  branches  of  one  of  ins 

trees  overlays  neijihbor's  land 3   _    ,,,p   „  „,„ 

against  sexton  re;n.ing  to  stop  church  bell  for  nn'usual  ser 

vices  by  sick  person  iu  adjacent  house 3,  p.  1716^  g  j^jg 


6360 


ACTION. 


Action— (Continned.) 

against  perdon  by  representations  that  he  is  qualified  to 
serve  civil  procuss,  iiKluciiig  anntlier  toooiiiiuit  a  writ 
to  him  for  service  anil  nc;^lectin^'  to  servo  it  ...  .3,  p.  171C,  §  1012 

against  city  council  for  refusing;  to  give  plaintiff  contract  for 

lighting  city,  he  being  lowest  bidder 2,  p.  1019,  §    572 

by  parent  wiiere  third  per  .on  procures  marriage  of  inf.int 

child 2.  p.  14Sa,  §    810 

bypaieit  against  teaclier  of  public  school  for  refusing  to 

instruct  his  child  as  pupil 2,  p.  14S9,  §    810 

by  father  upon  bond  of  clerk  for  marriage  of  minor  daughter 

under  license  unlawfully  issued  by  clerk 2,  p.  1489,  §    810 

fo»  fal  e  representations  to  justice  of  the  peace,  wheraby  he 
was  induced  to  marry  an  infant,  and  was  fined  there- 
for  3,  p.  niG,  §  1012 

Against  a  judgment  creditor  for  an  injury  caused  by  the 
mauner  in  which  officer  executes  writ  of  execution, 

3,  p.  1710,  §  1012 

against  obligee  for  detaining  bond  after  it  is  paid 3,  j).  171G,  §  lul2 

for  obtaining  decree  in  chancery  by  means  of  false  and  forgtd 

evidence 3,  p.  171G,  §  1012 

to  recover  back  an  unreaxonable  amount  of  costs  which  have 

been  taxed  and  paid 3,  p.  1716,  §  1012 

by  member  against  one  disturbing  him  in  his  devotions  by 

loud  noises,  singing  and  talking 2,  p.  1107,  §    G15 

against  trustees  of  society  for  expulsion  from  clnirch 

2,  p.  1100,  §(.-10;  2,  p.  1127,  §    C20 

by  divorced  wife  against  husband  for  damages  caused  by  his 
fraud  in  procuring  divorce,  or  having  marriage  an- 
nulled  2,  p.  1450,  §    804 

against  telegraph  company  by  recii)iunt  for  damages  caused 

by  former's  negligence  in  transmission 4,  p.  33G4,  §  1972 

by  insurance  company  which  has  paiil  loss  on  life  insured 
by  it,  against  railroad  which  caused  death,  for  amount 
which  it  has  been  forced  to  pay 5,  p.  35G0,  §  £091 

against  arbitrator  for  any  judgment  given  by   him  in  his 

official  character 6,  p.  5294,  g  3323 

for  drawing  off  subterranean  water  of  neighbor 6,  p.  4S0J,  §  2945 

party  digging  wnll   on  his   land  not  liable  for  injury  to 

neighbor's  well  6,  p.  4802,  §  2945 

for  conspiring  to  refuse  insurance  on  idaintiff's  property. 3,  p.  1711,  §  ICIO 

for  maliciously  collecting  notes  of  bank  and  presenting  them 

for  redemption 3,  p.  1712,  §  1010 

for  maliciously  adopting  a  trademark  to  tlie  prejudice  of  one 

who  has  no  exclusive  right  to  appropriate  it  ...  .3,  p.  1712,  §  1010 

for  throwing  open  one's  land  to  public,  thereby  avoiding  a 

toll-gate  3,  p.  1712,  §  1010 


ACTION— ADJOUKNMENT.  (J^jjj^ 

Action— (Continued.) 

for    maliciously    throwinor    down   fences    put   up    thrnu'-l. 

one  8  land  to  mark  lines  of  a  road 3%,  1710  s  mm 

for  maliciously  building  a  i.i,h  fcn.e  on  ..n.'s  land.  ;;':;to  '  ^  '"'' 

abstract  one's  neighbors'  li.ht  and  air 3.  p.  I7I'>  §1010 

for  tak.ng  cnston.er.  away  from  a  rival 3^  ,-  .7  ,  '  , ^ 

for  maliciously  breaking  a  contract "  '  s    .y  1713'  «    n  O 

byovv::on:;l-ag;;;;t-;ne-;;i.;- maii;;.;;;;,;^^^^     ^'^''  §  '•^^^ 

employ  any  tenant  of   such   house,  and  thus  prev.nts 

the  renting _        i-..^  . 

for  eating  portion  of  meat   fun'.iVhed 'by'd'ei;;;;  but  not'     '     '^^^^^ 
paid  for,  and  returned,  on  account  of  dis.greement  as 
to  price „ 

for  posting  malicious  notice   by  "enVployer "  forb/ddin'.^  e'm^'     '  ^'  ^  ^^'^ 
ployees  to  trade  with  defendant °3   „    1714   5  ,o,„ 

agamst  a  witness  for  giving  false  evidence  or  suborned  false  ' 

testimony „ 

for  citing  person  to  appnar  as  witness  unnecesVaril'y  .'.*.*  .3'  p'  1715'  S  Iml 
for    receiving  and    assisting  a  debtor    who    has    escaped 

arrest „        1-1  r   g 

for  money  expende.l  in  successful  de'fenVe'agains't  an  indi'cJ'-'     '  *''     ^^'^ 

mentoraction 3        l~ir  S  inio 

for    inducing    person  to  revoke  will  ia" favor  "of    plaint-     '     ' 

for  inducing  an  olDcer  to  receive,' by  mkrepresentationr  ^'^^'^^'^'^ 

check  instead  of  cash  under  an  execution 3   p    1717   8  1012 

for  acts  causing  master  to  discharge  servant 3   ,,   1717' §  1012 

for  preventing  person,  by  town  ordinance,   from  completin<r 

A  .    ^  „  */'°''^^'^  ^""- 3,  ;.  1717.  §  1012 

Act  of  God, 

See  CARmin?!;  CoNTnACTs,  9;  Waste. 

what  is  and  what  is  not  act  of  God,  which  will  excuse  com- 

,         /"""^^--ner 4,  p.  3104,  §  1810 

breaches  01  contract  caused  I,y  act  of  God.  not  good  ground 

for  dismissal  of  servant ip     4-g  g    2-2 

sickness  or  death  excuses  completion  of  contract"  of  sc'rv-  '         ' 

ice I 

performance  of  conditions  subsequent,  excused- by  act  'of       *"  ' 

.   ^  ^"'^ 6,  p.  41G0,  §  2511 

Actors. 

See  TiIEATER3. 

Adjourniuent. 

See  M  c.viciPAL  Corporations. 

right  of  auctioneer  to  fee  for  adjourning  sale 1,  p.    2SS,  i   221 


6362 


ADMINISTRATION — ADVANCEMENT. 


Administration. 

See  also  Executors  and  AoMiKiSTRATORg. 
implied  powers  of  corporatiou  to  take  out  letters  of  admin- 
istration   1,  p.    C55,  §   387 

Admiralty. 

See  also  Snirs  and  Shifpino. 

maritime  law  operative  in  country  so  far  only  as  adopted  by 

laws  and  usages  of  that  country 3,  p.  2572,  §  1442 

extent  of  admiralty  jurisdiction  of  United  States  courts. . . . 

3,  257.3,  §  1412;  3,  p.  2574,  §  1442 

contracts,  claims,  and  services  essentially  maritime 3,  p.  2574,  §  1442 

bottomry  bonds,  contracts  of  affn-igUtment,  and  contracts 

for  the  conveyance  of  passengers 3,  p.  2574,  §  1442 

pilotage  on  the  high  seas. 3,  p.  2574,  §  1442 

■wharfage 3,  p.  2574,  §  1442 

agreements  of  consortship 3,  p.  2574,  §  1442 

surveys  of  vessels  damaged  liy  the  perils  of  sea 3,  p.  2574,  §  1442 

claims  of  material-men  and  others  for  the  repair  and  outfit 
of  ships  belonging  to   foreign   nations  or  to  other 

states 3,  p.  2574,  §  1442 

■wages  of  mariners 3,  p.  2574,  §  1442 

controversies  between  owners  as  to  employment  of  sliips.. 3,  p.  2574,  §  1442 

municipal  seizures  of  vessels 3,  p.  2574,  §  1442 

salvage 3,  p.  2574,  §  1442 

marine  insurance 3,  p.  2574,  §  1442 

jurisdiction  of  federal  courts,  see  Judictary  Act. 

state  courts  have  no  jurisdiction  of  action  against  vessel  by 

name 3,  p.  2.')74,  §  1442 

concurrent  jurisdiction  of  state  courts 3,  p.  2574,  §  1443 

jurisdiction  over  torts  on  the  high  seas 3,  p.  2574,  §  1443 

in  admiralty  both  parties  being  in  fault  damage  is  appor- 
tioned between  them 3,  p.  210G,  §  1106 

Admissions. 

See  Evidence,  1. 
Adoption. 

See  Parent  and  Child. 

rights  of  adopted  children  3,  p.  1467,  §    809 

Adultery. 

See  Divorce,  3;  Husdand  and  Wife;  Dower. 

words  imputing  unchastity  or  adultery  to  woman,  married 

or  unmarried  not  actionable  per  se 3,  p.  2205,  §  1205 

Advancement. 

See  Parent  and  Child;  Trusts  and  Trustees,  3;  Wills,  0. 
advancement  to  child  by  father  must  be  deducted  from  dis- 

tributive  share 2,  p.  1523,  §    836 

whether  money  or  property  given  to  child  as  gift  or  an 

advancement,  a  question  of  intention 2,  p.  1523,  §    836 


ADVANCEMENT — ^AFFIDAVIT. 


6363 


Advancement— (Continued.) 

heirmayrelinquishadvancementandclaimhisshare..  .S,  p.  I52i,  §    836 

taking  advancement  into  hotchpot S,  p.  1524,  §    837 

Adverse  Interests. 

See  PuiNciPAL  AND  Agent,  5,  12. 
Adverse  Possession. 

See  Co-TENANcy. 

adverse  possession  for  statutory  time  gives  good  tit'o.  .6,  p.  4402,  §  2700 

possession  must  have  been  open,  peaceable,  exclusive,  con- 
tinued, and  notorious 6,  p.  4403,  §  2700 

party  must  claim  the  property  as  his  own   6,  p.  4403,  §  2700 

possession  not  adverse  unless  accompanied  by  claim  to  entire 

title 6,  p.  4403,  §2700 

possessor  must  not  recognize  higher  title  in  another  jier- 

Bon 6,  p.  4403,  §  2700 

adverse  possession  deprnds  on  nature  and  situation  of  jjiop- 

erty,  and  uses  to  which  it  may  be  applied 6,  p.  4403,  §  2700 

law  presumes  wliere  title  is  i?h()wn,  true  owner  is  in  posses- 
sion until  adverse  possession  proved  to  begin 6,  p.  4404,  §  2700 

does  not  begin  until  an  actual  entry  accompjinied  by  claim 

of  title  hostile  to  true  owner 6,  p.  4404.  §  2700 

when  may  possession  cease  to  be  Jid verse 6,  p.  4404,  §  2700 

actual  possession  of  portion,  when  sufficient  adverse  posses- 
sion of  whole  tract 6,  p.  4404,  §  2700 

no  constructive  possession  where  no  claim  of  right  or  color 

of  title 6,  p.  4405,  §2700 

entry  is  by  color  of  title  when  made  under  bona  fide,  and 

not  pretended,  claim  to  title 6,  p.  4405,  §  2700 

possession  result  of  ignorance,  inailvertcnco,  misappreiicn- 

sion,  or  mistake  will  not  work  disseisin 6,  p.  4405,  §  2700 

adverse  posses.-ion  is  question  of  fact  for  jury 6,  p.  44')(),  §  2700 

what  is  and  is  not  adverse  possession 6,  p.  440(i,  §  2700 

who  may  and  may  not  hold 6,  p.  440(>,  §  2700 

Advertisement. 

See  Auctions,  1,  3;  Rewartis. 

comments,  however  severe,  on  advertisements  or  handbills 

of  traders  not  libelous 3,  p.  22S7,  §  1270 

notices  by  advertisement  and  placard 4,  p.  31GS,  §  1845 

custom  tliat  advertisement  given  w  ithout  instructions  is  kept 
in  a  newspaper  until  ordered  to  be  discontinued  ad- 
missible  1,  p.    4G0,  §    2G0 

recovery  by  auctioneer  of  cost  of  advertising  property, .  1,  p.    373,  §    218 

implied  power  of  agent  aa  to  advertising 1,  p.    102,  §     G7 

Affidavit. 

See  Attachments,  3. 

of  claim  against  estate  may  be  made  by  an  agent  of  the 

creditor 2,  p.  1704,  §  999 


63G4 


ATFIDAVIT — ALTERATION. 


Afia  davit— (Continued. ) 

proof  that  one  maliciously  made  affidavit  in  attachment  ren- 
ders him  liable  for  resulting  injury 3,  p.  1897,  §  109D 

that  party  is  "  informed  and  belitves  "  that  attorney  has 

no  authority  to  aiipear  insuflicient 1,  p.    204,  §    158 

trespass  will  not  lie  at^ainst  a  person  for  making  atlidavit 

upon  which  another  is  unlawfully  arrested 3,  p.  1807,  §  1053 

implied  power  of  attorney  to  make 1,  p.    280,  §    170 

in  patent  cases  may  be  taken  before  whom 4,  p.  2S73,  §  1G73 

to  prevent  an  award  from  becoming  a  judgment  must  contain 

statement  of  facts 6,  p.  5375,  §  3401 

•"^re  general  charge  of  "  fraud,  accident,  mistake  or  illegal- 
ity "  not  sutiicient 6,  p.  5375,  §  3401 

Affinity. 

as  an  impediment  to  marriage 2,  p.  129C,  §    704 

Agency. 

agents  of  insurance  companies,  see  Insurance,  h;  of  corpo- 
rations, see   CoRroRATiONS,  4;  of  municipal  corpora- 
tions, see  Municipal  Corporations,   2.     And  seo 
Principal  and  Agent. 
Agisters. 

ordinary  care  required  of  agisters 4,  p.  2956,  §  1729 

Agricultural  Society. 

See  Voluntary  Associations. 
Alienation. 

restriction  on  power  of,  see  Real  Property,  3,  4;  Wills. 
Alimony. 

See  Divorce,  5. 
Alluvion. 

See  Waters  and  Water-courses,  2. 
Alteration. 

implied  power  of  attorney  to  alter  securities 1,  p.    280,  §    170 

power  of  corporation  to  alter  charter 1,  p.    G()7,  §    395 

what  are  not  alterations  in  charter 1,  pp.    CGS,    C69,  §    396 

grant  of  additional  franchise 1,  p.    GfJ'J,  ?■    30o 

discharge  of  obligations  to  state 1,  p.    CG9,  §    ?•'•'' 

effect  of  alteration  on  liability  of   stockholders 

1,  pp.  6(;9,  670,  ii  ■:''  :■ 

corporation  may  alter  its  business  to  suit  changes  of  time 

and  circumstances 1,  p.    CGO,  §    5d2 

power  of  corxioratiou  to  alter  amount  of  capital  stock 

1,  pp.    G74,    G75,  §   402 

power  of  directors  to  alter  or  annul  by-laws 1,  p.  G83,  §   408 

majority  of  the  stockholders  cannot  accept  alteration  of  their 

charter 1,  p.    628,  §   361 

rights  of  creditors  to  prevent  dissolution  or  alteration  in 

charter 1,  p.    840,  §    502 


I 


'.  'i 

vi 


19 


ALTEUATION  OF  IXSTllUME.NTd — AMliNJjJlENTa. 

Alterafon  of  Instruments. 

See  S    KEIVSIllI'  AM)  (Jlakantv. 

altoi-iition  of  iii.striim.iit,  wlwt  is. .  .5,  p.  4093,  §  •24C,9;  5,  p.  4109.  §  •_>i7f) 

ellect  (i  is  to  :iv..i.l  iiistniinuiit 5,  j,   4,  .j,;^  g -Jji'ia 

whethcT  or  not  papur  liaa  been  altered  question  for  jury. 5,  p.  40!is!  g  '2UiO 
nltenition  l,y  stnuij^er  to  instriunent  dots  not  avoid  it. .5.  p.  4{)'J:i,  §  -JtTO 
alteration  hefore  exucutiuii  or  delivery  of   inhtrunient  d<,e.s 

,     ,  ""t"voidit 5,  p.  4099,  §2471 

Whether  altL-rat ion  made  before  or  after  d.  livery  of  instru- 
ment a  (iiiustioii  for  jury 5^  ^   4Qf,3^  §2171 

alteration  or  erasure  made  by  aecideiit  or  mistake  does  nut 

afleot  inatrument 5^  p   4Qj.f,^  g  247-> 

alteration  ma.le  by  eonseut  or  afterwards  ratilied  d.ies  not 

allect  in.strument 5    j,   ^^QO,  §  oj;.-, 

alteration  to  avoid  the  instrument  must  bo  material,  must 

change  its  meanin^r  or  its  legal  elieet 5,  p.  4100,  §  2474 

alteration  is  immaterial   if  neither  rights   or  interests,  du- 
ties or   obligatiouH,    of    either    of    the    parties    are 

,fT'^  •■• 5,  p.  4100,  §2474 

even    thougli     made    with    fraudulent   intent,    immaterial 
^      alteration  does  not  vitiate  the  instrument,  though  in- 
nocent material  alteration  would °5^  j,_  4100,  §  2474 

whether    alteration    is    material    is    (piestion   of    law   for 

,    ,    7'""*^ 5,p.4I0I,§2474 

what  alterations  are  and  are  not  material  in  contracts  and 

writings  generally 5,  p.  4101,  §  2474 

what  are  and  are   not  material  alterations  in  bonds  wiiiuli 

will  di.-charge  instrument 5^  p_  ^iqo,  §  2475 

what  are  and  are  not  material  alterations  in  negotiable  in- 

,  ,    ^t'— t-^ 5,  p.  4103,  §247(5 

what   arc   and   are   not    material    alterations   in   insurance 

.,      l'"^'*^'*^^ 5,  p.  410(;,  §  2177 

right  to  hll  blanks  left  in  instrument 5^  p.  41(^7    s-  0473 

person  negligently  leaving  blank  in  instrument  liable  for  its 

altered  state  to  bona  Jlde  holder 5_  p.  4JO8   <?  0173 

alterations,  erasures  and  interlineations  on  face  of  writii'igs 

presumed  to  have  been  made  before  execution. .   5   p  4108  §  "ro 

e.xceptions  to  this  rule 5,' p.  4109!  §  2479 

Where  alteration  of  instrument  made  by  mistake,  party  may 

recover  on  original  consideration 5,  p.  41C9,  §  24S0 

exception:  eases  in  wliich  recjvery  cannot  be  had  on  ori.'i- 

nal  eonsideration  5."p.  4109,  §  24.Sr) 

bank  pays  forged  or  altered  check  at  its  peril 2   p     9d3   iS    -u 

Amendments  •••   »±"         ,  s    004 

See  Plkadino  and  Practice,  12. 
of  statutes,  see  Statutes,  4. 

amendment  of  bonds,  when  allowed ...  '7   t^   t^nM  r -t-t- 

Lawsos  U.  &  K.-440.  '  P"         ''  ^  ■^^^■' 


C3G6 


AMICUS  CURLE — ANIMALS. 


Amicus  Curiae. 

court  has  iliscrction  to  hear  or  not 1,  p.    202,  §    1.'56 

lias  no  coutrul  over  suit li  p.    2U;i,  §    156 

Amotion. 

power  of  rcinoval  of  ofTir-ers  of  corporation 1,  p.    710,  §    421 

jiowcr  of  removal  of  public  oUiccra 7,  p.  C2J1,  §  31)71 

Ancient  Lights. 

Si'H  I'' AS i: Mi: NTS. 

Animals. 

Si't;  AccKssrov;  PAnnTF-RS,  1;  CoN.sTiTrTiONAL  Law,  1,4;  Damages. 

1.  TlTl.i:  TO  A.Nl)  OWNKUSIIU'  Of  A.NIMAL.S. 

2.  Iliciirs  OF  OwNKR.s  OR  Kkki'krs  ok  Animals. 

,3.   I  luuMTiKs  01"  0\VN'i;us  OR  Ki:i:i'i;r3  of  Anluals. 
4.   Injiriks  TO  Animals  BY  nAiLuoAus. 
1.    Title  to  and  Owucrnliip  of  Aiihncils, 

animals  tkliiieil:  wild  and  tamo 3,  p.  2171,  §  IHGS 

tame  animals  subject  of  property 3,  p.  2171,  §  l.'5(i6 

cats  subject  of  pioiierty 3,  p.  2-171,  g  l.'JGG 

dogs  subject  of  property 3,  p.  2171,  §  K5GG 

peacocks  subject  of  property 3,  j).  2171,  §  1.3G6 

turkeys  subject  of  projicrty 3,  p.  2471,  §  1.1GG 

birds  subject  of  property 3,  p.  21,2,  §  13G6 

buses  subject  of  property 3,  p.  L'472,  §  13G6 

wild  animals  not  subject  of  i^roperty  unless  tamed 3,  p.  2472,  §  i;?G7 

right  of  captor  of 3,  p.  2472,  §  I3G7 

bufl'alc)  subject  of  property  when  tamed 3,  p.  2473,  §  13G7 

bees,  property  iu  and  right  of  captor 3,  p.  2473,  §  1367 

birds,  property  iu  and  right  of  captor 3,  p.  2474,  §  13G7 

pigeon*,  property  in  and  right  of  captor 3,  p.  2474,  §  13G7 

carrier  pigeons,  property  in  and  right  of  captor 3,  p.  2474,  §  1367 

whales,  property  in  and  right  of  cajjtor 3,  p.  2474,  §  13G7 

fish,  projjerty  in  and  right  of  captor 3,  p.  2474,  §  I3G7 

oysters,  property  iu  and  right  of  captor 3,  p.  2474,  §  13G7 

pursuit  alone  not  sufficient  to  give  right  of  property  in  wild 

animals 3,  p.  2475,  §  13G3 

captured  wild  animals  regaining  liberty 3,  p.  247G,  §  1.370 

right  to  increase  of  animals 3,  p.  247G,  §  1369 

pledge  of  animals  carries  increase 4,  j).  30i)."),  §  17.19 

mortgage  of  a  domestic  animal  covers  its  increase 4,  p.  3005,  §  1759 

mortgage  of  a  cow  would  not  cover  her  calf  after  weaniug- 

time 4,  p.  3005,  §  1759 

bequest  of  stock  made  to  a  tenant  for  life,  he  must  keep  up 

original  number 4,  p.  300,"),  §  1759 

tenant  for  life  has  right  to  increase 4,  p.  300."),  §  1 759 

ownership  of  sheep  and  of  its  fleece  not  separable 4,  p.  3005,  §  1759 

eale  of  sheep  carries  the  wool  on  them , 4,  p.  3005,  §  1759 

regulation  of  keeping  of  auimala  by  statute 3,  p.  2477,  §  1371 


ANIM.U.S. 


G3G7 


)G5 


1,  §  i:u;6 

1,  §13GG 

1,  g  13GG 

1,  §  1306 

•1,  §  13G6 

••2,  §  13G6 

(2,  §  1306 

•2,  §  13U7 

■2,  §  1307 
3,  §  13G7 

•3,  §  13G7 

4,  §  13G7 

■4,  §  1307 

4,  §  1307 

4,  §  1307 

4,  §  13G7 

4,  §  1307 

5,  §  13G3 

G,  §  1370 

G,  §  1309 

.'),  §  17.J9 

5,  §  1750 

5,  §  1759 

■),  §  1759 
■),  S  1759 
»,  §  1759 
i,  §  1759 
,  §  1371 


Animals— (Continued.) 

society  for  jirevention  of  cruelty  to  animals  is  a  charitable 

iiistitutinn 2,  p.  1 1 32,  §    022 

insurance  of  animals,  policies  construed 5,  p.  3720,  g  2-06 

2.   lii'jht-^  (if  Owncr-i  or  K-ipn-.'*  a/  Aiihniii-<. 

person    taking    or    detaining  animal   liable   to  action  by 

owner 3.  p.  247S,  S  1372 

one  has  no  lien  en  animal  for  damage  done  by  it 3,  p.  247^S  ^  i^~2 

owner  of  shade-tree,  finding  another's  Imrse  liitched  to  it,  not 

lialde  fur  removing  horse  to  safe  place 3,  p.  2478.  §  1372 

owner  of  an  animal  has  action  against  one  who  wrongfidly 

kills  or  injures  it 3,  p.  2479,  §  1373 

actlims  sustained  by  owners  of  cats,  cattle,  dogs,  hens,  horses 

and  mules,  fehcep  and  swine 3,  p.  2479,  S  1 373 

liability  for  injury  t  >  animal  by  bar))od-wiro  fence 3,  p.  2480,  g  1373 

rights  anil  liabilities  of  owner  of  horso  entered   at   horse- 
race   3,  p.  2480,  §  1373 

person  may  lawfully  kill  ferocious  dog  running  at  large  with- 
out nuizzle 3,  p.  24S0,  g  1 :  74 

cannot  enter  premises  of  owner  to  kill  such  dog 3,  p.  2481,  j^  1374 

one  may  lawfidly  kill  an  animal  which  atticks  him  . .  ..3,  p.  2481,  §  1375 
right  tff  self-df  fense  against  attack  by  animal  not  reati  ictcd; 

danger  need  not  be  imminent 3,  p.  2481,  §  1375 

inhabitants  of  dwellingdiouso  have  right  to  kill  dog  which, 
by  howling  and  barking  by  day  and  night,  disturbs 

repose 3,  p.  2482,  §  1376 

if  necessary  to  protect  animals  from  being  killed,  their  own- 
er may  kill  attacking  animal 3,  p.  2482,  ^  1 377 

animal  destroying  property  may  be  i-illed  when 3,  p.  2483,  ^  1377 

statutory  authority  for  killing  dogs  or  other  animals  run- 
ning at  large 3,  p.  24S4.  §  1373 

distress  of  animals,  damage  feasant 3,  p.  1700,  g  1037 

liability  for  killing  or  injuring  trespassing  animal 3,  p.  24SG,  §  1379 

right  to  impound  trespassing  animal;  liabilities 3,  ji.  2488,  g  1379 

rights  and  liabilities  of  finders  of  animals 3,  p.  2490,  g  1380 

trespass  to  unhitch  another's  horse  from  jioat 7,  p.  5050,  g  3fi.'6 

trespass  to   intentionally  run   against   another's  horse  or 

carriage 7,  p.  5050,  §  3056 

liability  for  killing  animal  with  poisoned  bait 3,  p.  1 998,  §  1 150 

3.  Liabilitii'S  o/  Owiii-rs  or  KveperH  of  Aitimah. 

Owners  or  keepers  of  animals  liable  for  damage  caused  by 

them 3,  p.  2491,  §  13SI 

act  of  animal  need  not  be  vicious 3,  p.  2491,  §  1331 

harborur  of  animal  liable  as  owner 3,  p.  2492,  §  1381 

as  between  owner  and  keeper,  latter  liable 3,  p.  2493,  §  13!-1 

les;iee  of  farm  liable  for  damages  by  cattle  as  if  he  were 

owner 3,  p.  2493,  §  1381 


c:w3 


ANIMAL3. 


Animals— (Cnntinnrd.) 

iKiiluo  of  a  viuii  lu  <li>;^  as  much  lioiiml  to  restrain  liim  ns 

owner 3.  p.  'JIOS,  §  IHSl 

joint  owners  of  an  animil  are  li.ililo  jointly 3,  p.  24'j;t,  g  l.'JJl 

•cparate  ownt'r-<  of   sevt-ral  aiiiiiiHls  arc  not  jointly  IIuMl'  for 

injiiriu-i  do  lu  by  tliein  nil  at  same  time 3,  p.  219.1,  §  1381 

two  joint   owners  of  vicious  animal  are  each  lioun<l  to  re- 

8ti .lin  hini 3.  i>.  'J103,  §  IHSl 

partner  li.ilile  for  ilaimjjo  by  dogowneil  by  firm 3,  p.  'Jl'.IH,  §  i;tSl 

iikntity  of  animal  may  bo  proved  by  opinion  of  witness. 3,  p.  2['X\,  §  1361 
master  liable  for  negligent   caro  or  uso  of  aninialu  by  liis 

servant 3,  p.  t.M!)l.  §  13S2 

keeper  of  wild  animal  liable  as  an  insurer 3,  p.  21'J.'»,  §  1383 

kuipor  of  taincj  animal   liable   only  after  notice  of  hia  mis- 

chiu VOU9  disposition 3,  p.  2493,  §  1 3S4 

declaration  aj,'ainst  owner    for  injury  by  ferocious  animal 

must  aver  tlic  scinitcr 3,  p.  2199,  §  1381 

proof  of  srii'iiter,  liow  made 3,  p.  2.")ni,  §  l.'!»j 

tcifiiifcr  not  necessary  by  statute  in  some  states 3,  p.  2505,  §  13SG 

liability  of    municipality  for    objects    on   hi;^hway  which 

frighten  horses 7,  p.  0312,  §  4021 

contributory  ne^lii^ence  in  action  for  injuries  by  animals. 3,  p.  2500,  §  13S7 

of  children  in  playing  with  dangerous  anim.als 3,  p.  2508,  §  13S7 

tre-sp.asser  may  sue  for  injury  by  ferocious  dog 3,  p.  2509,  §  13S3 

liability    for    negligence     iu     driving,    secuiing    or    using 

animals 3,  p.  2510,  §  l.SSS 

drivin?  cattle  on  highway '. .  3,  p.  2517,  §  1392 

person  letting  or  giving  charge  of  animal  to  another  must 

notify  him  of  its  mischievous  disposition 3,  p.  2512,  §  1390 

li.ability  of  owner  for  trespasses  of  animal 3,  p.  2512,  §  1391 

duty  to  fence  in  and  against  animals 3,  p.  251.3,  §  1391 

liability  for  injuries  caused  by  keeping  diseased  animals. 3,  p.  2518,  §  131)3 
liability  for  injuries  caused  by  selling  diseased  animals. 3,  p.  251!),  §  1391 

animals,  when  a  nuisance 6,  p.  4S74,  §  3005 

husbanil  liable  in  trespass  for  .an  act  done  after  the  marriage 

by  an  animal  which  at  time  of   marri.age  belonged  to 

wife 3,  p.  1329,  §    729 

warranty  of  soundness  of  animals,  when  and  how  broken, 

5,  p.  3953,  §  2371 
suflicient  excuse  for  non-delivery  of  anim.al  bailed,  that  it 

has  died 4,  p.  2938,  §  1715 

liability  of  hirer  of  aniimls  for  injuries  to  them 4,  p.  2979,  §  1379 

railroad  not  liable  to  passenger  bit  by  stray  dog  on  platform 

of  station 4,  p.  32GS,  §  1012 

4.  Injuries  to  Animals  by  Railroads. 

injuries  to  anim.al3  while  being  carried,  see  Carriers. 

duty  to  fence  railroad — at  common  law 3,  p.  2521,  §  1395 


ANIMALS — ANSWEIl. 


<'.3G9 


'2\m,  §  nsi 

2103,  §  1381  : 

2103,  §13S1 
2103,  S  13SI 
2103,  §  13^1 

2101,  §13S2 
210.'>,  §  i;iS3 

2403,  §  13S4 

2100,  §  1381 
2.-)01,  §  13-d 
2J0o,  §  13SG 

0312,  §  4021  I 

2o00,  §  13S7  I  5 

2o()8,  §  13S7  I  I 

2JO0,  §  13SS  I  4 

2.')  10,  §1383 
2517,  §  1392 

2:)12,  §  1390 
!.-.r.',  §  1301 
2513,  §1301  • 

r)18,  §  1303  . 

510,  §  1.301 
4S74,  §  3005 


1329,  §    729 


P 


3953,  §  2371    | 


2938,  §  1715    f 
•1070,  §  137'.)    I  ^^ 


32G8,  §  191-J 


2521,  §  1395 


Animals— (Continued.) 

l.y  contract 3,  p.  2.')21.  §  1306 

is  ii[)iin  conipmy  opuratiiii,'  ro.'il,  tlpmi^li  not  a  lossi.o. .  .2.  p.    0.S3,  §    51!! 

duty  as  to  cattlo  on  tnick — slackuiiin;;  .sjicud 3,  p.  2.'i22,  §  1307 

ringing  l)ell  and  sounding  wiiisllis 3,  p.  25J4,  §  1303 

evidiiicu  of  nc,'ligonoo  — prLSuniptiou— hurdcn  of  proof  3,  p.  2525,  §  1.309 

duty  to  fonou  ijy  statuto— in  genural 3,  p.  2.52.'),  §  1400 

who  and  wh  it  within  statutory  protection 3,  p.  2527,  §  1401 

at  what  places  fences  not  rcijuired 3,  p.  25JH,  §  1402 

in  c  ties,  towns  and  villages 3,  p.  252S,  §  1 403 

higliway  crossings  and  highways 3,  p.  252'.*,  §  1404 

public  places 3,  p.  2.520,  §  1405 

what  fence  sutn  ;ient 3,  p.  2530,  §  1406 

degree  of  euro  iu  maiutenanie  of  fouoe— uotioo  of  defects, 

3,  p.  2531,  §  1407 

private  crossings 3,  p.  25.32,  §  1408 

cattle-guards 3,  p.  2.533,  §  1409 

release  of  duty  to  fence 3,  p.  2534,  §  1  UO 

contributory  negligence — as  to  fences 3,  p.  2.536,  §  1 4 1 1 

as  to  permitting  cattle  to  run  at  large 3,  p.  2.536,  §  1412 

what  kinds  of  injuries  to  cattlo  are  within  statute 3,  p.  253S,  §  1413 

injuries  to  railroad  by  trespassing  cattle   3,  p.  2539,  §  1414 

whutiier  railroad  bound  to  fence  at  particular  place  a  ques- 
tion of  law  3,  p.  2539,  §  1415 

whetli'-r  railroad  {pw:o  was  secure;  at  wliat  pla^ie  accident 
happened;  whether  injury  was  result  of    failure   to 

fence,  (jue.stions  of  fact 3,  p.  2539,  §  1415 

pleading  in  suit  against  railroad . . , 3,  p.  2540,  §  1416 

See  I'LKAUixa. 

burden  of  proof;  evidence  of  negligence 3,  p.  2541,  §  1417 

measure  of  damages 3,  p.  2512,  §  1418 

See  DAMAGtS. 
Annuities. 

annuity  defined 3,  p.  2430,  §  13  tl 

effect  of  bei^uest  of  annuity 6,  p.  5206,  §  3234 

pers  inal  annuity  given  by  will  is  governed  by  rules  apjili- 

cable  t )  devise  of  realty 3,  p.  2430,  §  1341 

promise  to  p.ay  annuity  in  consideration  of  forbearance  to 

sue  valid  and  binding 6,  p.  5206,  §  3234 

inequality  of  price  on  purchase  of  annuity  not  usury  ...  .3,  p.  24.30,  §  1341 

at  what  time  annuity  payable 3,  p.  2431,  §  1341 

when  income  fails  principal  must  be  resorted  to 3,  p.  2431,  §  1341 

right  of  annuitants  In  general 3,  p.  2431,  §  1341 

Anomalous  Endorsements. 

See  Neootiable  Instkdments,  7. 
Answer. 

See  Pleading  and  Practice,  3. 


6370 


APPEAIlANCJi— Al'l'KALa. 


Appearance. 

Set'  ri.KADINO  AND    PkACTICE,   13. 

Appeals. 

in  patent  c.iscs,  see  PATENXi. 

implied  powur  of  (ittornoy  to  apprnl 1,  pp.  230,    281,  §    170 

rutuiiicr  to  conduct  suit  does  uot  give  autliority  to  nppenl  to 

hiyher  court 1.  p,    339,  §    204 

court  h.na  a  discretion  which  will  not,  except  for  grtat  injus- 
tice, bo  reversed  on  appeal 1,  p.    2"'>,  §    134 

in  most  states,  however,  ajipcal  lies 1,  p.    2*25,  §    134 

appeal  docs  not  restore  the  attorney  to  right  to  practice 

pending  its  determination 1,  p.    225,  §    131 

where  auretiis  do  not  join  in  appeal,  validity  of  bond  cannot 

bo  (piestioned  in  appellate  court 7,  p.  5793,  §  3704 

until  sued  on  bond,  sureties  iiavo  no  such  interest  in  ori;,'inal 

suit  as  enables  them  to  prosecute  an  appeal 7,  p.  579'),  §  3704 

aupremc  court  will  uot  entertain  application  for  alimony 

pending  appeal 2,  p.  1450,  §    794 

reversal  of  a  decree  does  not  necessarily  reverue  decree  for 

alimony 2,  p.  14.'0.  §    704 

validity  of  stipulation  not  to  appeil  from  award 6,  p.  5284,  §  3324 

if  judgment  reversed,  tenant  entitled  to  a  restitution  of  pos- 
session  6,  p.  4706,  §  2SS9 

appellate  court  will  not  review  finding  of  a  referee  as  to 

the  commissions  allowed  guardian 2,  p.  1G03,  §    8S7 

amount  of  damages  is  question  for  jury;  decision  not  inter- 
fered with  on  appeal 3,  p.  21G7,  §  1221 

aliter  where  clearly  against  the  evidence,  or  is  so  inade- 
quate or  80  excessive  as  to  raise  inference  of  passion 
or  prejudice 3,  p.  2163,  §  1221 

where  case  is  one  for  compensatory  damages  oidy,  and  jury 
has  given  vindictive  or  exemplary  dam.ages,  verdict 
will  be  set  aside 3.  p.  2169,  §  1221 

illustrations  of  verdicts  sustained  on  appeal  as  to  amount, 

3,  p.  2108  n,  §  1221 

illustrations  of  verdicts  reversed  on  appeal  as  excessive.  3,  p.  2170,  g  1222 

appellate  court  may  reduce  verdict 3,  p.  2171,  §  1222 

verdict  in  excess  of  real  injury  will  be  set  aside  3,  [>.  2d43,  §  1413 

aliter  if  it  is  only  slightly  in  excess  of  amount  at  which 

court  would  have  assessed  damages 3,  p.  2543,  §  1413 

discretion  of  court  in  selecting  guardian  not  renewable  on 

appeal 2,  p.  1551,  §    853 

implied  power  of  attorney  to  bring  writ  of  error 1,  p.    286,  §    171 

on  appeal  in  mandamus,  alternative  writ  must  be  set  out  in 

record 7,  p.  6339,  §  4037 

appeals  from  damages  awarded  in  eminent  domain  proceetl- 

ings;  practice  on 7,  p.  6151,  §  3904 


Ari'KALS — AIlUnUATION  AND  AWAllD. 


G371 


281,  8  170 

'i 
t 

339,  §  204 

t 

2C-),  §  1.34 
2-Jj.  §  134 

1 

K^ 

225,  §  134 

79a,  §  3704 

■i 

79;),  §  3704 

'  -v^' 

450,  §  794 

4-0,  §  704 
234,  §  3324 

\      \. 

706,  §  2SS9 

505,  §  887 

67,  §  1221 

63,  §  1221 

GO,  §  1221 

n,  §  1221 
•0,  g  1222 
■1,  g  1222 
3,  §  U13 

3,  §  1413 

.  §    853 
5,  §    171 

),  §  4037 

,  §3904 


Appeals    (rontlniifd.) 

ttiiiioal   friKH   indirgraiitinj;  intiTlocutory  iiijuiictii'U  when 

allowed 7,  p.  .'■.705,  §  370i5 

no  n]iiii'alfi'<iin  jiiil^'ircnt  wliiili  is  not  final 7,  |>.  57'J5,  §  37u5 

iujicri^iilitin  grniitt'il   (n  ai>iK-al  fron\  order  ^Tuntiiig  inter- 
locutory injunitioniuid  ftiiiiointiii;;  a  reccivar  jfutlmtc 

lid',  opiiation  of  onlir  hii>ih  nde  1 7.  p.  5700,  §  3705 

where  nn  order  grantini;  n  pnlinimary  injunction  appealed 
from,  eireut  i8  nut  to  authorize  doing  of  act  unjoined . . 

/.  p.  679G,  §  3705 
where  appeal  is  from  Una!  decree  granting  perpetual  injunc- 
tion, giving  of  a  Hiijiii-Kittvaii  liond   docs   not  permit 

doing  of  act  enjoined 7,  l>.  5791!,  §  3705 

where    liill    dijiniisscl    ou    liearing,    ami    an    appeal   taken, 
original  court  lias  no  power  to  grant  an    injunction 

pending  appeal 7,  p.  570(),  §  3705 

appeal  will  not  He  from  discretionary  order 7,  p.  .">7'.'li,  *'  o705 

appeal  will  not  lie  from  order  dissolving  injunction 7.  p.  b'V'J,  §  3705 

objection   on  ground  of  variance  too  late  in  the  appellate 

court 7,  p.  5441,  §3405 

authority  of  attorney  not  objected  to  in   Inwer  cannot  be 

incpiired  into  in  appellate  court 1,  p.    205,  §    153 

Appointment  of  Agents 

See  I'kinc  rt'AL  AND  Aoent,  0. 
Apportionment . 

dividends  cannot  l)e  apportioned,  but  most  be  paid  to  owner 

of  share  at  time  dividend  is  declared 1,  p.     785,  §    474 

Apprentices. 

who  are  apprentices 1,  p.    434,  §    232 

who  may  bind 1,  p.    4:U,  §    232 

who  may  take 1,  p.    434,  §    232 

contract  of  apprenticeship 1,  pj).  434.  435,  g^  232,  2.'>3 

assignment  of  contract 1,  p.     435,  §    2."{3 

duties  of  master  to  apprentice 1,  pp.  435,  4.'iG,  §    23^ 

right  of  master  to  discharge  apprentice 1,  p.     4.3G,  §    2.35 

right  of  master  to  earnings  of  apprentice 1,  p.    43(1,  §    236 

right  of  parents  and  guardians   1,  p.    4.'{7,  §    237 

liabilities  of  parent  and  guardian 1,  p.     437,  §    238 

what  is  faitliful  service 1,  pj).  437,  43S,  §    239 

w  hat  will  excuse  faithful  service 1,  pp.  437,  438,  §    239 

Appropriation. 

of  payment,  see  Payment,  2. 

check  is  appropriation  of  so  much  of  maker's  funds  in  the 

bank  as  is  necessary  to  meet  it 2,  p.    938,  §    530 

Arbitration  and  Award. 

1.  The  Submission. 

2.  TUK  ARBiTRATION. 


6372 


ARBITRATION  AND  AWARD. 


Arbitration  and  Award— (Coatinucd.) 

3.       TlIG  AWAKD. 

1.  The  Sithml-sion. 

arbitrcation  tktined;  not  a  "suit" 6,  p.  5204,  §  3297 

Bubmisaion  ikfined 6.  p.  5204,  §  3297 

M'hen  award  is  void  siilnnissiou  is  no  loriger  binding.  ...6,  p.  5i:()4,  §  3297 

power  of  court  to  refer  case 6,  p.  52(!5,  §  3298 

elTect  of  finding  of  referee;  powers  of  referee 6,  p.  5205,  §  3298 

making  submission  a  rule  of  court,  and  enti:ring  judgment 

on  award 6,  p.  5265,  §  3299 

parties  to  submission  mnst  be  capable  of  contracting.  ..6,  p.  5;'()G,  §  3300 

who  may  submit  to  arbitration 6.  ?•  520(3,  §  3301 

who  may  not  submit 1,  p.   103,  §  67;    1,  p.  281,  §  170; 

1,  p.  395,  §224;  1,  p.  422,  §229;  2,  p.  1565,  §873;  6,  p.  5208,  §  330? 

to  worrant  submission  a  "'  controversy  "  sufficient 6,  p.  5209,  §  3303 

matters  which  may  be  submitted 6,  p.  5271,  §  3304 

disputes  concerning  real  estate 6,  p.  5271,  §  3305 

matters  which  may  not  be  submitted 6,  p.  5272,  §  3306 

informal  statutory  submission;    good  as  common-law  sub- 
miss-ion 6,  p.  5272,  §  3307 

statutory  requirements  must  be  followed 6,  p.  5273,  §  3308 

substantial  compliance  snffiuient 6,  p.  5274,  §  3309 

submission  need  not  be  in  technical  form;  agreement  to  be 

bound  by  award  nece.*sary 6,  p.  5275,  §  C310 

oral  submission  valid;  when  written  one  recjuired 6,  p.  5275,  §  3311 

where  title  to  laud  not  actually  in  dispute,  parol  submission 

good 6,  p.  5276,  §  3312 

written  submission  supersedes  previous  oral  one 6,  p.  5276,  §  3313 

written  submission  to  arbitrate  is  not  variable  by  parol  .6,  p.  5276,  §  3314 
submission  may  be  extended  or  altered  by  consent  of  both 

parties 6,  p.  5277,  §  3315 

eflect  of  clerical  errors  in  submis.sion 6,  p.  5277,  §  3316 

submissions  are  liberally  construed  to  include  all  disputes, 

6,  p.  5277,  §  3317 
construction  of  different  words  and  phrases  in  submission  as 

to  matters  submitted 6,  p.  5277,  §  3317 

**  all  matters,  disputes,  demands,  etc.,"  construction  of.6,  p.  5277,  §  3317 
uncertain  or  ambiguous  submissions  will  be  upheld  if  possi- 
ble  6,  p.  5279,  §  3318 

statutes  providing  for  submissions  liberally  construed  as  to 

matters  to  je  submitted 6,  p.  5230,  §  3319 

construction  in  sach  statutes  of  "  accounts,"  "  civil  actions," 
"claims,"    "long    accounts,"    "personal    actions," 

"controversies" 6,  p.  5280,  §3319 

general  submission  includes  all  controversies  between  parties 
of  every  kind,  whether  in  individual  or  representative 
capacities 6,  p.  52S0,  §  3320 


§  3312 
§  3313 
§3314 


ARBITRATION  AND  AWARD.  6373 

Arbitration  and  Award— (Continued.) 

what  (Ines  general  i-ulmiission  not  inclurlo G,  p.  52S1,  §  3320 

power  of  arliitritoM  under  general  suiiniUsion 6,  p.  o'iSl,  g  33*20 

etleet  of  siiljii.i:-sio"  on  claims  barred  l>y  limitation 6,  p.  r.'J^'J,  §  3321 

Bubmissit^n  of  pending  clause,  what  it  includes;  ellect  of.  6,  p.  o2S2,  g  3322 

Bibi   '  ^ion  may  be  conditional 6,  p.  r)2S4,  g  3323 

validity  of  sti[iulatioi.  not  to  spjieal  from  award 6,  p.  52Si,  g  3;]24 

agreements  to  arbitrate  not   specifically  enforced;    dama- 
ges  6,  p.  52S.",,  §  3325 

agreements  to  refer  disputes  do  not  prevent  action 6,  p.  523G,  §  332G 

txcept  where  reference  is  made  condition  precedent  to  suit, 

6,  p.  5288,  §  3327 
to  submit  difTerences  to  arbitration  will  not  preclude  part- 
ner from  bringing  a  bill  for  dissolution 2,  p.  1247,  §    072 

by-law  requiring  members  to  submit  disputes  to  arbitration 

invalid 1,  p.    80G,  §    484 

dissoluticn  of  attachment,  by  referring  claims  to  arbitra- 
tion  7,  p.  55GG,  §3536 

2.   The  Arbttrrttlon. 

who  may  be  arbitrators 6,  p.  5290,  §  3328 

what  are  and  what  ?re  not  causes  of  disqualification 6,  p.  5201,  §  3328 

action  does  not  lie  against  arbitrator  for  any  judgment 

given  by  him  in  his  otBcial  character     

6,  p.  5291,  §  3328;  3,  p.  171G,  §  1012 
but    attorney    liable     for    conspiring     to     obtain    unjust 

award 1,    p.    258,  §    155 

arbitrators   and   re^'erees  are  entitled  to  foes   for  services; 

measure  of  Loinpen.«ation 6,  p.  5205,  §  3329 

arbitrators     need     not    be     sworn     unless     reipiiied     by 

statute 6,  p.  5297,  §  3330 

parties   entitled    to   notice  of  hearing  under  submission  to 

arbitiMtinn 6,  p.  5298,  §  3331 

of  what  pr.ceedings  notice  to  parties  not  necessary 6.  p.  5301,  i?  3332 

power  of  arbitrators  tu  administer  oath 6,  p.  5301 ,  §  3333 

to  compel  attendance  or  jiroduetion 6,  jt.  5302,  §  ^?,?A 

arbitrators  judges  of  l:iw  and  fact 6,  p.  53  )2,  §  3335 

powers  of  arbitrators  as  to  admission  of  evidence  6,  p.  53(>3,  §  3336 

as  to  cor.ductof  hearing ,   6,  p.  53l.'S,  §  3337 

as  to  granting  r.djournments 6,  p.  5309,  §  3333 

presumption  is  in  favor  of  award,  and  that  arbitrator  has  not 

exceeded  his  authority 6,  p.  5310,  §  3339 

burden  is  upon  party  objecting  to  show  that  authority  was 

exceeded 6,  p.  5310,  §  3339 

powers  of  arbitrator —to  order  acts  to  be  done 6,  p.  531 1,  §  334') 

to  order  conveyances 6,  p.  531 1 ,  §  3341 

to  order  releases 6,  p.  5312,  §  3342 

to  award  costs 6,  p.  5312,  §3343 


6374 


ARBITRATION  AND  AWARD. 


Arbitration  and  Award— (Continued.) 

attorney  not  liable  for  fees  of  a  referee 1.  p.    255, 

to  order  as  to  terms  of  payment 6,  p.  5314, 

to  order  i)ayment  of  interest 6,  p.  5314, 

to  appoint  a  substitute 6,  p.  5314, 

to  purmit  amendments 6.  p.  5315, 

order  beyond  powers  of  arbitrators  is  void 6,  p.  5315, 

unless  party  execute  or  offers  to  execute  it 6,  p.  5315, 

tliat  arbitiator  lias  aoted  without  aulliotity  or  in  excess  may 
be  pleaded  as  defense  to  suit  upon  bond  and  award, 

6,  p.  5315,  §  334S;  see  6,  p.  5373, 
or  may  be  set  up  in  opposition  to  a  motion  to  enter  judg- 
ment on  award 6,  p.  5315,  §  3348;  see  6,  p.  5373, 

only  party  prejudiced  can  object  to  arbitrator's  exceeding 

his  authority 6,  p.  5315,  §  3348;  see  6,  p.  5373, 

all  of  several  arbitrators  must  act   6,  p.  531G, 

unl.iss  one  withdraws  or  refuses  to  act 6,  p.  5317, 

all  of  several  aibitrators  must  unite  in  award— when  award 

of  majority  binding 6,  p.  5317, 

final  unanimity  only  necessary 6,  p.  5319, 

arbiti'alor  must  exercise  judicial  judgment  and  discretion, 

6,  p.  5319, 
arbitrator  cannot  dclcgnt'^  ".-.th—'^y        «,  p.  5319,  §  3353;  1,  p.  2 

except  as  to  mere  ministerial  matters 6,  p.  5320, 

irregularities  iu  proceedings  of  arbitrators  may  be  waived 

6,  p.  5320, 
when  umpire  may  be  appointed — distinguished  from  third 

arl)itrator 6,  p.  5321, 

appointment  of  umpire 6,  !>•  5323, 

umpire   must  examine   case   himself  —  may  order  rehear- 
ing  6,  p.  5324, 

arbitration  limited  as  to  time — power  of  arbitrators  expires 

with  that  time 6,  p.  532G, 

authority  of    arbitrators  exinres  with    making    of  award 

6,  p.  5327, 

Buhmission  is  revocaMe  bofore  award  made 6.  p.  532S, 

when  reference  by  rule  of  court  revocable 6,  p.  5329, 

death  of  arbitrator  or  referee  before  award  revokes  subiuis- 


§  153 
§3344 
§3344 
§  3345 
§  3346 
§3347 
§3347 


§3399 

§  3309 

§  339Q 
§  3349 
§3350 

§  3351 
§3352 

§  3353 
7,  §27 
§3353 

§3354 

§3355 
§3356 

§3357 

§3358 

§  3359 
§  33U0 
§  3300 


sion 6,  p.  5331,  §  3361 

§  33G1 
§3361 


death  of  pirty  before  award  revokes  submission 6,  ]>.  5331, 

insanity  of  party  before  award  revokes  submishion 6,  ]i.  5332, 

institution  rtf  suit  upon  subject-matter  before  award  revokes 

submission 6,  p.  5332,  §  3361 

marriage  of  a  fcm''  noh,  party  to  arbitration,  revokes  arbi- 
trator's authority 6,  p.  5332,  §  3301 

refusal  of  arbitrator  to  act  revokes  authoiity 6,  p.  5332,  §  3361 

party  revoking  submission  is  liable  iu  damages 6,  p.  5333,  §  3362 


ARBITRATION  AND  AWARD. 


6375 


5345, 


33G1 
33G1 
33(J2 


Arbitration  and  Award— (Continued.) 
3.  The  Award. 

no  technical  words  necessary  in  award 0,  p.  5335, 

award  may  be  oral 6,  p.  5335, 

when  written  award  required 6,  p  5335, 

award  need  not  be  sealed  or  witnessed 6,  p.  533() 

but  must  be  si<i;ned 6,  p.  5336, 

award  naed  not  give  reasons  or  recite  proceedings  . . .,  .6,  p.  5337 

may  give  gross  sum  or  award  on  each  claim 6,  p.  5337 

award  or  copy  of  need  not  be  delivered  to  parties  except 

when  required  by  submission 6,  p.  5338, 

■when  publication  of  award  is  called  for  by  submission  award 

must  be  delivered  or  read  to  parties 6,  p.  5339, 

formalities  required  by  submission  or  statute  must  be  fol- 
lowed  6,  p.  5340, 

where  parties  leave  whole  question  of  biw  and  fact  to  arbi- 
trators, their  award   conclueiive,  though   they  have 

mistaken  the  law 6,  p.  5341 

exception:  in  what  cases  mistake  of  law  will  avoid  award. 6,  p.  534"2 

mistake  of  fact  will  not  avoid  award:  exception  6,  p.  5344, 

misconduct  or  fraud  in  arbitrators,  or  one  of  them,  good 

ground  for  setting  aside  award 6,  p. 

what  is  and  is  not  misconduct  in  arliitrator 6,  p. 

fraud  of  party  in  obtaining  award  is  good  ground  to  set  it 

aside 6,  p.  5346, 

elTect  of  variance  in  duplicate  report  or  award 6,  p.  5347, 

court  cannot  modify  or  alter  report  or  award 6,  p.  5347, 

recommitment  of  report  or  award 6,  p.  5348, 

admissibility  of  extrinsic  eviilence  to  impeach  award. .  .6,  p.  5348, 
testimony  of  arbitrators  not  admissible  to  explain  or  alter 

award ....    , 6,  p.  5349, 

to  what  may  arbitrators  testify 6,  p.  5350, 

if  report  set  aside,  court  cannot  refer  cause  again  without 

new  consent 6,  p.  53."0, 

award  must  be  coextensive  with  submission 6,  p.  5350, 

where  arbitrators  decline  deciding  on  some  matters  submitted 

their  award  ia  void 6,  p.  5.^51, 

award  must  be  certain 6,  p.  535"2, 

award  must  be  entire  6,  p.  53  'i7, 

award  must  be  final 6,  p.  5357, 

award  must  be  mutual 6,  p.  53"i9, 

award  must  be  possible 6,  p.  5360, 

awards  are  liberally  construed 6,  p.  5301, 

presumption  in  favor  of  awards 6,  p.  5362. 

award  good  in  part  and  bad  in  part 6,  p.  5362, 

•ward,  when  valid,  operates  as  a  final  and  conclusive  judg- 
ment between  parties  as  to  all  matters  determined..  6,  p.  53G5,§  3390 


§  3363 
§3364 
§  3364 
§  3365 
§  3365 
§  33(56 
§33G7 

§3363 

§  3369 

§337^ 


§3371 
§  3371 
§3372 

§  3373 
§  3373 

§3374 
§  3375 
§  3376 
§  3377 
§3378 

§3379 
§3379 

§  33S0 
§3381 

§  .3381 
§3382 
§  3383 
§3384 
§  .3385 
§  3386 
§  3.387 
§  3388 
§3389 


6376 


ARBITRATION  AND  AWARD — ARREST. 


I 


Arbitration  and  Award— (Continued.) 

award  unii|>|ieii!u(l  from,  has  tlie  same  legal  effect  as  verdict 

ami  ju  lyinent 6,  p.  530"),  §  3390 

award  oijcrates  as  mer.;er  of  original  claim 6,  p.  S.SGo,  §  3390 

if  award  voi  1,  ovi.,'in."il  cause  of  action  stands 6,  p.  5305,  §  3390 

after  awnrd  m-ide,  no  action  can  be  maintained  upon  any 
matter  within  scope  of  submission,  th'jugh  not  pre- 
sented to  arbitrators  or  decided 6,  p.  53GG,  §  3391 

difTerent  rule  in  some  states 6,  p.  5307,  §  3391 

award  of  chattels  vests  title 6,  p.  5307,  §  3392 

but  not  award  of  land 6,  p.  5307,  §  3393 

efFect  of  award  as  to  stran^'ers  to  submission 6,  p.  5307,  §  3394 

voidable  award  may  be  ratified  by  the  parties 6,  p.  5309,  §  3395 

performance  of  award  required  of  parties  according  to  its 

orders  and  intent 6,  p.  5370,  §  3396 

demand  not  necessary  to  sustain  action  on  award 6,  p.  5370,  §  3396 

when  performance  by  one  party  condition  precedent  to  per- 
formance of  other 6,  p.  5370,  §  3397 

award  may  be  enfcrced  by  action  at  law  upon  it 6,  p.  5371,  §  3398 

suit  may  be  on  award  or  on  bond 6,  p.  5372,  §  3398 

that  submission  was  under  seal,  not  necessary  that  action 

on  award  should  be  covenant 6,  p.  5372,  §  3398 

action  will  not  lie  upon  award  founded  on  composition  of  a 

felony 6,  p.  5372,  §  ?398 

award  cannot  be  sued  on  until  after  publication 6,  p.  5372,  §  3393 

may  be  enforced  in  part  only  where  the  parts  are  separ- 
able  6,  p.  5372,  §3398 

award  may  be  given  in  evidence  under  general  issue.  ...6,  p.  5372,  §  3393 

defenses  to  action  on  award 6,  p.  5373,  §  3399 

specific  performance  of  awardwill  be  enforced  in  equity.. 6,  p.  5373,  §  340O 
award  may  be  enforced  on  judgment  by  rule  of  court.. .6,  p.  5374,  §  3401 

See  Judgment. 
but  commondaw  remedies  on  award  not  taken  away  by  stat- 
utes allowing  judgment  by  rule 6,  p.  5375,  §  3401 

award  may  be  set  aside  in  equity  for  fraud,  accident  or  mis- 
take  6,  p.  5376,  §  3402 

injunction  will  lie  to  prevent  making  of  award  by  arbitra- 
tors, when 6,  p.  5378,  §3402 

award  under  rule  of  court  may  be  vacated  on  motion... 6,  p.  5378,  §  3403 
Architect. 

slanders  on  architect,  when  actionable 3,  p.  224.3,  §  1253 

promise  may  be  conditional  on  certiti^ate  of  architect  or  ar- 
bitrator  5,  p.  4146,  §2504 

Army. 

See  Military  Law. 
Arrest. 

See  False  Arrest  and  Imprisonment. 


ARIIEST— ASSAULT  AND  BATTERY.  G377 

Arrest— (Continued.) 

when  allowed  in  civil  cases 3,  p.  is:?,_  §  jqos 

infant  not  liahle  on  civil  process 2,  p.  1  re'!)   §    S'M 

privilege  of  attoiney  from j    ,,_  o.jy]  §    13^ 

attorney  personally  liable  for  wrongful l|  p.  o-,jj[  §    j  ,-5 

implied  power  of  attorney  to  onlcr 1,  p.  2S2  §    171 

action  will  not  lie  for  receiving  and  assisting  n.  debtor  wiio 

has  escaped  arrest 3_  p.  1715  §  1012 

Artist. 

who  has  agreed  to  paint  likenesses  for  certain  price  cannot  re- 
cover till  he  has  done  all  of  them 1,  p.    447,  §    o^q 

fair  criticisms  and  reviews  of  pictures  privileged 3,  p.  218(j'  §  .l-'34 

Assault  and  Battery.  ' 

See  Fal.se  Arkest  and  Imprisonment;  Self  Defense. 

assault  defined 3,  p.  1804,  §  lOr.l 

what  IS  and  what  is  not  an  assault 3,  p.  1S04,  ISOG  §  1051 

battery  defined 3,  p.'  ISiHJ,' §  10:.2 

what  is  and  is  not  a  battery 3^  p    jgOG   §  10.V2 

intent  to  do  injury  essential  in 3^  p.  1^07,'  §  1053 

accidental  hurt  not  a  batterv 3    p.  iso7   §1053 

no  liability    for   unintentional  injury  resulting  from  exer- 
cise of  right  of  self-defense 3^  p,  JSOT,  §  10o3 

not  necessary  that  precise  injury  intended  should  be  done 

.  .  3,  p.  1807,  §  10J3 

trespass  will  not   lie  against  person   for  making  affidavit 

upon  which  another  is  unlawfully  arrtsted 3,  p.  1807,  §  1053 

consent  of  party  injured  is  a  defense 3,  p.  isoO^  §  1054 

in  action  by  husband  and  wife,  a  good  defense  that  act  was 

committed  with  consent  of  wife 3,  p.  ISOO,  §  1054 

party  may  recover  for  an  assault  and  battery,  althougli  lie 

and  his  adversary  fought  by  mutual  Cf.nsent 

3,  p.  1781,  §  104G;  3,  p.  1809,  §  1054 
consent  obtained  by  fraud  is  no  d'  fense 

3,  p.  1781,  §  1046;  3,  p.  1809,  §  lO-H 

defense  of  property  justifies  assault  and  battery 3,  p.  1812,  §  1056 

limits  of  the  right  of  stlfdefense  in  cA-il  actions 3,  p.  ]S1(),  §  1055 

defense  to  action  of,  that  it  was  committed  in  self-defen.T.  3,  p,  18:9'  g  1055 
person  may  use  force  to  prevent  breach  of  the  peace. .  .3,  p.  ISKi!  §  ;()57 

no  assault  to  use  force  in  certain  relations 3,  p.  1S17   §  1053 

master  of  a  ship  allowed  to  flog  a  sailor  in  projjcr  oases.  .3,  p.  1S17,  g  10,13 
father  may  administer  moderate  chastisement  to  child.  .3,  p.  ISI7,  §  ki-jS 

or  schoolmaster  to  scholar 3^  p    ISI7'  S  loiS 

by  innkeeper  or  common  carrier 3^  p    1817'  §  k59 

person  disturbing  a  religious   meeting   may  be  ejected  with 

.    ,      ^°'""' 3,  p.  1817,  §1059 

before  person  can  be  turned  out  of  a  clurch,  he  should  be 

requested  to  retire 3^  p.  i817,  §  1059 


6373 


ASSAULT  AND  BATTERY — ASSIGNMENT. 


Assault  and  Battery- -(Continued.) 

iuu-kueiior  is  liable  for    aasuult  on  the  person  of  gtiest  by 

servant,  or  by  ani)thcr  ijuest  in  bis  i)resonce 4,  p,  3059,  § 

railroad  lial)le  f <  r  assauU,  wlieu  conductor  attenii)t8  to  seize 

l)i((p(rty  of  jiasseiiger  to  enforc;  payment  of  fare. 4,  p.  3207,  § 

measure  of  damages  in  actions  for  assault 3,  p.  1817,  S 

See  DAMAOt--*. 
evidence  admi-sib'e  in  actions  for  asaault.S,  §§  lOCl  to  10C3;  §§  1S18  to 
And  see  Kvidenck. 
Assignment. 

ot  lease,  see  Lanpt.ort)  AND  Tenant,  5. 

of  mortgage,  see  Moktoack,  3. 

of  n •■g(itial)le  paper,  see  Ni  iioiiAni.R  Instruments,  7» 

of  certilicate  of  stook,  see  CoKPohations,  5. 

cIkisi'S  in  .action  not  assignable  at  common  law 5,  p.  4326,  § 

but  e([uitable  assignments  enforceable 5,  p.  4320,  § 

alitcr  as  to  Viduutary  assignments 5,  p.  4327,  § 

or  contracts  involving  personal  relation  or  confidence. 5,  p.  4327,  § 

or  contract  tainted  with  fraud  or  champerty 5,  p.  4.328,  § 

cho.sea  in  action  assignable  l)y  statute 5,  p.  43.'8,  § 

interests  in  lands  are  assignable 5,  p.  4328,  § 

rights  which  are  assignable  in  equity  are  assignable  under 

tiie  codes 5,  p.  4323, 

test  of   whether  cause  of   action  is  assignable  is,  would  it 
survive  to  executors  or  administrators  ot  as.-ignor  in 

case  of  his  dc^-vth 5,  p.  4328,  § 

illustration  of  chattel  ,an<l  other  rights  held  assignable.  .5,  p.  4329,  § 
but  equitable  assignments  of  certificates  of  stock  protected 

by  courts 1,  p.    767,  § 

dower  in  equity 2,  p.*  1408,  § 

life  insurance  policies 5,  p.  3G55,  § 

illustrations  of  chattel  and  other  rights  held   not    assign- 

ab'e 5,  p.  43.34,  § 

contract  of  apprenticeship 1,  p.    435,  § 

cause  of  action  under  civil  dam.age  law 3,  p.  19.34,  § 

salary  or  emoluments  of  public  othce 5,  p.  3997,  § 

license  personal  to  licensee 5,  p.  4355,  § 

franchise  of  corporation;  legislative  authority 

a,  p.  973,  §  512;  1,  p.    642,  § 

an  '  fTcr 5,  p.  3758,  § 

fire  ins  ir.ance  policies  without  consent  of  insurer. 5,  p.  3()26,  § 

■what  contracts  and  rights  of  action  are  assignable 7,  p   511 G,  § 

injuries  to  real  or  personal  property   7,  p.  5417,  § 

wl)  it  rights  of  action  not  assignable 7,  p.  5418,  § 

right  to  assign  ciusesof  .action  has  been  greatly  extended  by 

codes  of  procedure 7,  p.  5416,  § 

defou&es  to  assigned  causes  of  action 7,  p.  5418,  § 


1782 

19.32 
1060 

1821 


2014 
2045 
2646 
2647 
2617 
2648 
2649 

§2650 


2650 
2050 

462 

773 

2138 

2054 
234 
11.32 
2396 
2671 

377 
2240 
2119 
34.37 
34.38 
3439 

3436 
3440 


ASSIGNMENT.  6379 

Assignment— (Continued.) 

estojutel  as  aj)ijliualjle  to  assignments  of  quasi-negotiaLlo 

paper 7,  p.  .>!  1 9,  §  344 1 

equitable  ilefuiisea  and  sut-olF  to  assi^'ued  clainn 7,  p.  o42iJ,  3  ;}41J 

drawing  of  check  before  acceptiuce  nut  an  assignment  of 

deposit 2,  p.    93S,  §    530 

assignment  of  deed  of  trust  not  permitted  unlosi  by  deed, 

4,  p.  33S0,  §  10S3 
imperfect  legal  assignment  not  cnforecalde  as  a  trust  .  .4,  p.  337 S,  §  19S2 
form  of  assignment— uo  particular  furm   reii\iired  for  equita- 
ble assignment 5,  j).  4330,  §  20"* 

may  be  by  delivery  of  instrument 5.  p.  43:!(>,  §  •J(j.').'5 

order  not  communicated  to  payee  not  an  absignment. .  .5,  p.  1337,  S  -'i^G 

order  on  debtor  to  pay,  effect  of 5,  p.  4335,  §  2ijo7 

assignment  of  debt  valid  as  against  the  assignor    wi  li^ut 

notice  to  debtor 5,  p.  433S,  §  2GJ3 

not  binding  as  against  debtor  and  parties  subseijuently  ac- 
quiring interest  in  debtor  fund  until  notice...   .5,  p.  4338,  §  2C)'iS 

form  of  notice  of  assignment 5,  P-  4340,  §  2f;'59 

to  whom  must  notice  be  given 5,  p.  4341,  §  2CG0 

assent  of  debtor  not  necessary 5,  p.  4341,  §  2(JG1 

extent  of  assignment;  what  debts  and  securities  does  iissign- 

ment  carry  with  it 5,  p.  4341,  §  2CG2 

assignee  takes  subject  to  equities  and  rights  tf  third  persons 

against  assignor 5,  p.  4.34.'i,  §  2GG3 

exceptions:  negotiable  paper 5,  p.  4345,  §  2GG-4 

what  assignor  covenants  and  warrants  by  assigimient  .  .5,  p.  4.34(),  §  2G<'5 

assignment  by  new  agreement  of  all  i>arties 5,  p.  4347,  §  2GGG 

assignee  of  chose  in  action  may  sue  in  his  own  name. .  .5,  p.  4348,  §  2GG7 
at  law,  assignment  of  judgment  did  not  authorize  assign'  e  to 

bring  action  in  his  own  name 5,  p.  4330,  §  2G51 

by  statute  assignee  has  comijlete  control  of  judgment  as-signed 

to  him 5,  p.  4330,  §  2G51 

at  law  assignment   must  be  of  thing  which,  at  time,   has 

actual,  potential  existence 5,  p.  4330,  §  2G52 

equity  will  support  assignments  of  contingei\t  interests  and 
expectations,  and  of  things   which  have  uo  pri  sent 

existence : 5,  p.  4330,  §  2nr)2 

validity  of  assignment  of  part  of  demand 5,  [i.  4333,  §  2G53 

assignment  without  consideration  of  wife's  choses  in  action 

does  not  take  away  rights  of  wife 2,  p.  1 .341 ,  §    73.'» 

impliedpowerof  attorney  to  make  assignment  of  claims..  1,  p.    252,  §    170 
implied  powers  of  corporations  to  make  an  assignment  of 

effects  for  payment  of  debts 1,  p.    65 1,  §    3S7 

implied  power  of  agent  to  make  assignment 1,  p.    103,  ^      07 

directors   have  power  to  make  assignment  of  the  bank's 

property  for  creditors 2,  p.    893,  §    520 


6380  ASSIGNMENT — ASSIGNMENTS  FOR  CREDITORS. 

Assignment     (('(nitiimed.) 

iiiipliod  jxiwer  of  bank  to  mtike  an  assignment  of  pro|ierty 

for  creditors   3,  p.    850,  §    511 

assij^nnientof  ])atent 4,  p.  '2>>~l,  §  It»G7 

jmtont,  wlitii  i.shiieil  to  assignee  of  inventor 4,  j).  '2S70,  §  IGOo 

assignnicntd    and    couveyanco  of    trade-mark 

4,  p.  2S:>7  to2SG0,  §  lfi43 

of  copyri^'lit,  requisites  of 4,  p.  2S27,  §  1G32 

Assignments  for  Benefit  of  Creditors. 

at  comnioa  law  debtor  miy  as^^ign  iiis  property  to  crcilitors 
ratably,  or  to  trustee,  to  payment  of  all  bis 
debts 4,  p.  3.1S3,  §  19S5 

deed  of  trust  not  void  bcfauso  intended  to  prevent  certaili 
creditors  from  getting  priority  by  obtaining  judg- 
ment liens 4,  p.  33S3,  §  19S3 

must  bo  mailo  strictly  in  accordance  witli  statute  allowing 

assignments  for  ben(  lit  of  creditors 4,  p.  33S3,  §  19S3 

assignment   for   buMietit  of   creditors  must   be  made  by  an 

insolvent 4,  p.  33S3,  §  1085 

conveyance  to  asvgnse  and  declaration  of  trust<  may  be  by 

separate  instruments 4,  p.  33S3,  §  19JS5 

second  assignment  may  bo  made  to  euro  illegal  provision  in 

former  oio 4,  p.  33S3,  §  19S5 

implied  power  of  c^u'poratiou  to  make  assignment  for  bene- 
fit of  creditors 4,  p.  33S1,  §  19S3 

implied  power  of  partner  to  make  assignment  for  benelit  of 

creditors 4,  p.  33S4,  §  19S3 

assignment  for  benelit  of  creditors  may  be  made  ])y  assinu- 

or's  agent 4,  p.  3384,  §  19S3 

assignment  not  invalid  because  of  neglect  of  assignej  to  dis- 
charge his  duties 4,  p.  .33%  §  19S5 

partial  assignment  valid 4,  p.  '.'■'ASi,  §  19S.5 

on  assignment   by  mortgagor,  mortgagee  entitled  to  share 

with  unsecured  creditors 4,  p.  33S4,  §  19S5 

repudiating  creditors  not  entitled  to  benefits  of  assign- 
ment  4,  p.  .3384,  §  1985 

assigment  void  when   intended   to  hinder,  delay  or  defraud 

creditors 4,  p.  3384,  §  19SG 

or  when  creditor  has  reasonable  cause  to  believe  debtor  to 

be  insolvent 4,  p.  3384,  §  1980 

validity  of  assignment  giving  ijreference  t^  certain  credi- 
tors  4,  p.  338G,  §  1987 

assignment  reserving  benelits  to  debtiT  invalid 4,  p.  3387,  §  1988 

deed  should  show  on  its  face  that  it  conveys  all  debtor's 

property 4,  p.  3388,  §  1983 

reservation  of  property  not  conveyed  does  not  vitiate  as- 
signment  4,  p.  3388,  §  1983 


ASSIGNMENTS   FOR  CREDITORS — ASSUMPSIT. 


C3S1 


Assignments  for  Benefit  of  Creditors-(Continued.) 

aasigiunent  not  avoided  by  debtor's  retaining  property  speci- 
fied in  instrument  as  being  as^signed , 

4,  p.  33S8,  §  19SS;  4,  p.  3302.  §  1901 

assignment  exacting  release  from  creditor  invalid 4,  p.  3:{>,8,  §  lOSO 

in  some  states  such  provision  valid 4,  p.  3;jsu,  §  I'Ji'j 

if  assigiimunt  roquires  release  creditor  cannot    give  condi- 
tional release 4,  p.  33S0.  §  19SJ 

other  provisions    held    illegal  and   to  avoid    the    assign- 

.4,  p.  33S9,  §1990 


ment. 


Circumstances  raising  and  not  raising  presumption  of  fraud  or 
bad  fuith  in  making  assignment  for  beneHt  of  credit- 

.  .°" 4,  p.  3302,  §  1001 

provisions  in  assignment  held  valid 4,  p.  331)^  §  lyyj 

secret  agreement  to  pay  creditor  in  full  if  he  will  consent  to 

assignment  void   4^  p.  3.^97^  §  j j^j^g 

who  may  avoitl  fraudulent  assignment 4,  p.  3397.  §  \\\ij^ 

assent  of  creditors,  when  requisite 4,  p.  33<)8,  §  1995 

what  property  does  and  does  not  pass  to  assignee 

4,  p.  3399,  §  190G;  4,  p.  3401,  §  1997 
right  of  assignee  to  set  aside  fraudulent  conveyances  of 

""^'S'lor 4,  p.  3399,  §  1996;  4,  p.  3401.  §  1907 

deed  may  be  in  any  form  of  words 4,  p.  3403,  §  199^ 

statutory  assignment  must  he  in  statutory  form 4,  p.  3403^  §  1993 

when  sciioduli)  requisite;  effect  of  defe^jts  in  schedule.  .4,  p.  340;{,  §  1993 
asigninent  may  be  acknowledged  without  the  state. .  .4,  {».  3404,  §  1998 

delivery  of  possession  of  personalty  necessary 4,  p.  3404,  §  1999 

assignee  may  refuse  to  act;  no  formal  acceptance  necessary, 

4,  p.  340.J,  §  2000 
creditors  without  notice  of  deed  entitled  to  its  benefits.4,  p.  340.),  §  2000 

after  accepting  assignee  cannot  renounce  trust 4,  p.  34(;C,  §  2000 

who  may  be  assignee 4^  p.  3400,  §  oqqq 

authority,  powers,  and  liability  of  assignee 4,  p.  340G,  §  2000 

the  a.s.signee's  bond 4'^  p.  3407^  §  2u01 

See  Sl'ritysmip  and  Guauanty. 

assignment  is  not  revocable  by  debtor 4,  p.  340S,  §  2002 

bankruptcy  of  debtor  revokes  assignment 4,  p.  .34OS,  §2002 

revocation  of  assignment  to  correct  error  permitted 4,  p.  3408,  §  2002 

effect  of  bankruptcy  law  upon  assignment    for  beuelit  of 

creditors 4 

Associations. 

See  Benkkit  SocrETrEs;  BpiLmvo  a\d  Loan-  AssoriATioNS- 
Charitable  A.ssouiation'S;  CJluus;  Religious  Socie- 
ties; VOLUNTAEY  ASSOCIATIONS. 

Assumpsit. 

See  Payment  3;  Pleading  and  Practice,  19  (a). 

action  of  assumpsit  detined 7   p_  5733   §  3Q33 

Lawsox  R.  &  U.— 447.  '     "  ' 


p.  3409,  §  2003 


63S2  ASSUMPSIT — ATTACIlilEXT. 

Assumpsit  -(Continued.) 

exprt'88  and  implied  assumpsit; 7,  p.  r>73;5,  §  30S9 

di.itiiiyuishfil  fioiu  action  of  debt 7,  p.  Culli,  §  3(>89 

di.stinj,'uislied  from  action  of  covenant 7,  p.  'ulU,  §  30S9 

the  "ooinnion  counts"  ill  iissiiniiisit  dcsciil'cd 7,  p.  oT.'U,  §  .'{l5S9 

general  assumpsit,  wliat  is 7,  p.  5735,  §  "(500 

speeiiii  assumpsit,  what  is 7,  p.  5735,  §  3G20 

in  wli;it  cases  will  acti(m  of  assumpsit  lio 7,  p.  57-'(i,  §  30!)1 

in  what  cases  will  action  of  assumiisit  not  lio 7,  p.  571  i,  §  3(i02 

rij^lit  to  elect,  between  assumpsit  ami  toi  t 7,  p.  5752,  §  3G1)4 

savings    bank    liable    in    assumi)sib    for    refusal  to    rci)ay 

deposit 2,  p.    879,  §    514 

assumpsit  not  maintainable  by  ward  au'tnit  gnariliin.  .2,  p.  IGOG,  §    8S3 
when  a  dividend  declared,  evch  stociiholder  lias  ri^dit  to  bo 
paid  his  share,  which  he  may  recover  by  assumpsit 

against  the  corporation 1,  p.    782,  §    474 

Assumption. 

of  mortgage,  see  Mortgage,  5. 
Attachment. 

1.  Natuue  of  Actiok. 

2.  WiiEN'  Attachment  will  Lie. 

3.  The  Affidavit. 

4.  The  Bond.    See  Suretyship  and  Guaranty. 

5.  The  Writ  and  Levy. 

6.  Di.ssolution  of  Attachment. 
1.  Nature  of  Adion. 

attachment  defined;  domestic  attachment;  foreign  attach- 
ment   7,  p.  .'5474,  §  3493 

equity  has  no  jurisdiction  in  attaclimeut  proceedings  .  .7,  p.  5175,  §  .3409 

suit  is  personal  in  form,  but  is  also  in  rnn 7,  p.  5475,  §  3500 

writ  of  attachment  is  preceded  or  accompanied  by  personal 

summons 7,  5475,  §  3500 

judgment  in  attaclunent  suit  binds  only  property  attached, 

although  judgment  may,  in  form,  be  !n  ppr/<onam.7,  p.  5475,  §  3500 

plaintiff  who  fails  to  sustain  ground   of  attachment  cannot 

succeed  against  defendant  personally 7,  p.  5475,  §  3500 

where  property  attaclied  and  defendant  personally  served 

the  j  udgment  is  personal 7,  p.  5475,  §  .3501 

personal  suit  may  ba  prosecuted  to  judguient  and  attach- 
ment dismissed 7,  p.  5476,  §  3501 

where  no  property  found  to  attach,  suit  is  a  personal  one, 

7,  p.  547G,  §  3502 

where  property  but  not  defendant  found  service  must  b'^  by 

publication 7,  p.  547G,  §  3503 

how  publication  made . .  .7,  p.  5477,  §  3303 

effect  of  judgment  in  attachment  after  service  by  publication 

only 7,  p.  5477,  §  3503 


ATTACHMENT.  0383 

Attachment—  (Continued. ) 

vvliuro  111)  propuity  foiin,!  or  no  pcMotial  service  ma-le,  jn<lg- 

nient  a-aiii9t  (iufuudivnt  is  voi.l T.^).  MTS,  §.1504 

2.    JVhin  Attiir/i'Hi'nt  will  He, 

causea  of  aotjon  on  wl;iuli  attachment  may  isMio 7,  p.  .')4S0,  §  .1.105 

causes  of  action  on  uliicii  attaclmiont  will  not  lie 7,  p.  54t>C,'  s  .'JDUO 

coustniution  of  terms  used  to  .Icscrilie  tlic  demands  for  wiiiuli 
attaciimeut   will  lie   under  tho  dilTereut  statutes.. 

„,....  7,  p.  5481,  §  3507 

action  arising  in  contract  "—"contract  for  payment  or  re- 
covery  of  money  "— '■  contract  express  or  implied  "— 
"dcljt  "— "deljt;or.lemnnd"— "  in.lebted  "-"injury 
to  the  property  of  another"— "  necessaries  "—"money 
demand-j  "— "  obliyiition  for  the  payment  of  money  " 
—  "lecuvery  of  m(mey  "— "  written  instrument  for 
the  direct  payment  of  money  " 7,  pp.  5-tSl  to  .'i^S  t,  §  SoO? 

•^"^'V^''"' 7,p.5484.§.3.'^03 

suit  by  one  partner  against  anotluT 7,  p.  5485,  §  .3509 

creditors  holdiLg  ec^ljatc  ral  security 7'  p]  m^,;'  g  3'-,^ 

who  m.ay  bring  attachment 7',  p".  54s,;|  §  3,-, ,  j 

ty^7'-: : l.P-    282,  §    170 

xiabiiity   of  persons  in  representative  capacities -coipora- 

tions-  infants— females 7.  p.  54P7  §  3,^10 

the  grounds  of  attachment 7,  p.  5487]  §  3513 

absent  debtors 7,  p.  5488,  §  .3514 

absconding  debtors 7,  p.  .54S!),  §  .3.515 

debtors  concealing  or  secreting  themselves 7,  p  5400  §  3516 

non-resident  debtors 7,  p.  54f.l,' §  3.117 

removing  property  from  state 7,  p.  54(14^  §  3.5, 3 

concealing  or  disposing  of  property 7'^  p.  54()r,[  §  3519 

debt  fraudulently  contracted ..7,'  p.'  541)7,'  §  3520 

other  special  grounds  in  some  states. 7,  p.  5493]  §  3521 

unassig.ied  dower  interest  not  subject  to  attachment.  ..2'  p.  1423]  §    776 

where  membership  in  association  is  of  pecuniary  value,  can- 

mi     ^J'''^^^^^^^''^^^ 2,p.  10G9,§    598 

i.   I  he  AJjulavtt, 

affidavit  required  to  give  court  jurisdiction 7,  p.  5500,  §  3522 

if  affidavit  defective,  or  there  is  no  affidavit,  subsequent  pro- 
ceedings are  void 7^  p,  5590^  g  3500 

one  affidavit  only  necessary  for  several  attachments. .  .7,  p.  5501,  §  3522 

affidavit  may  take  place  of  complaint 7,  p.  5501,  §  3522 

who  may  make  affidavit;  form  of  affidavit  when  made  'by 

other  than  plaintifT 7,  p.  5501,  §  3523 

before  whom  may  affidavit  be  taken 7,  p.  5502,  §  3524 

requisites  of  affidavit  as  to  form 7]  p,  5599^  §  3595 

where  writ  issues  on  affidavit  alone,  officer's  duty  is  only 

'"^"''*^"''l 7.  p.  5503,  §  3526 


6384  ATTACHMENT. 

Attachment— (Continued. ) 

wlicio  cxiatcnce  of  ^jroumls  arc  to  bo  proved  by  ii.irty,  odi- 

ccr's  duty  is  ju.licial 7,  p.  S.IOH,  §  3"27 

what  aflidavit  iiiti.st  h)ii»v 7,  ]>.  r>JCi4,  §  'io'IS 

aflidavit  must  follow  strictly   tlie  grounds  eiiccified  in  btut- 

uto 7,  p.  ConO,  §r..V29 

affidavit  on  "kiiowk'dge."  "iiiformatioii,"  or  "beliuf"..7,  p.  5.JU8,  §  3r>30 
debtor    "about"     to    do    ccrtaiu     act— Construction     cf 

"  about" 7,  p.  550!),  §  r53l 

several  grounds  may  be  allo.;cd  in  one  affidavit 7,  p.  5.' 10,  §  3.1'{2 

grounds  niuat  not  bo  stated  in  alternative 7,  p.  5J10,  §  3.J33 

where  disjunctive  "  or"  is  used,  not  to  connect  two  distinct 

facts  of  dilTerent  natures,  atlidavi    g^od 7,  p.  O.jIO,  §  3."(n3 

affidavit  must  not  bo  uncertain 7,  p.  no  1 1 ,  ii  3.'>:!4 

at  what  time  ailidavit  to  be  made  and  filed 7,  p.  5.' 1 2,  §  ',]'>'.i5 

how  objection  that  affidavit  insullioieut  raised 7,  p.  5512,  §  3.")30 

waiver  of  defects  in  afh^iavit  or  proccis 7,  p.  5512,  §  3537 

defective  affidavit  may  bo  amended 7,  p.  5513,  §  3533 

4.  The  Ihmd.    See  SuuETYsuir  and  GuARAX'ry. 
6.  The  Writ  and  Levy. 

power  of  officer  comes  from  writ 7,  p.  5525,  §  3552 

who  is  dis(|ualified  to  execute  writ 7,  p.  55'J5,  §  3552 

who  must  execute  writ 7,  p.  552f),  §  3552 

how  long  does  officer's  authority  continue 7,  p.  552(),  §  3552 

attachment  issued  before  summons  void 7,  p.  55JG,  §  3552 

writ  must  show  return  day  and  p'acc 7,  p.  552(),  §  3552 

a//7e/-wherewrongfullyi3sued, if  courthas  juiiul;ction..7,  p.  552ti,  §  3552 
witnessed  by  officer  not  having  jurisilicliuu  void  and  no  pro- 
tection to  person  issuing  it 7,  p.  5520,  §  3552 

liability  of  plaintiff  in  writs  for  acts  of  officer 7,  p.  5527,  §  3552 

requisites  of  writ  as  to  form 7,  p.  5527,  §  3553 

in  what  cases  may  writs  be  amended 7,  p.  5528,  §  3553 

right  of  officer  to  demand  indemnity 7,  p.  552  •!,  §  3554 

duty  of  officer  in  making  levy 7,  p.  552!),  §  3555 

levy  by  fraudulent  or  unlawful  nic:in..  void 7,  p.  5531,  §  355G 

property  not  liable  to  attachiueui;   property  of  third  per- 
son  , 7,  p.  5531,  §  3557 

confusion  of  jiroperty — jtroperty  of  defendant  mixed  vith 

another's  liable  to  attachment 7,  p.  5532,  §  355S 

officer    may    break    into    etore;    but    not    into    dwelling- 
house 7,  p.  E533,  §3559 

method  of  making  levy 7,  !>.  5533,  §  3500 

oificcr  must  make  n  turn;  reipiisites  of 7,  p.  553S,  §  3501 

officer's  return  conclusive  against  him 7,  p.  55-10,  §  35j2 

officer's  return  may  be  amended  when 7,  p.  5540,  §  35G3 

lien  dates  from  levy , ...  .7,  p.  5541,  §  35(54 

levy  not  a  satisfaction;  docs  not  change  ownership ....  7,  p.  5542,  §  35o5 


,  §  3.->.-.9 
§  3.-.G0 

,  §  .V,6l 
§  3532 
§  3r)(!3 

§  3:)(;4 

§  3oo5 


ATTACHMENT— ATTORNEY  AND  CLIENT.  6385 

Attachment— (rontiniied.) 

licii  lUistnij'cd  only  l»y  dissnlntion  of  nttaohmpnt 7,  p.  R.'H,  §  35IJ6 

ri^lit  of  attiiuhin^  creditor  to  uut  uniilu   fr:iiidulciit  coiivey- 

aiico 7,  p.  n.-)  14,  §  3r)07 

extent  of  attaclimeiit  as  to  .vniount 7,  p.  5J4.'),  §  35118 

attaclunciit  not  eoiisiimniiili,d  until  judj^nient;  judgment  for 

defendant  dissolves  it 7,  p.  C54.'),  §  3509 

precedence    of    attaclunent    over  executions    and    encum- 
brances   7,1).  r)r)46,  §  3r)70 

Buccessive  attachments  on  same  property 7,  p.  H'AH,  S  3571 

attachment  of  real  estate 7,  p.  rM.'A),  §  3572 

attaclunent  of  personal  property;  what  interests  and  kinds  may 

bo  attached 7,  p.  5."51 ,  §  3573 

attached  ^oods  cannot  ho  taken  by  another  ofilcer 7,  p.  5551,  S  3574 

rights  of  junior  attaciiing  creditor    to  set   aside  attach- 
ment  7,  p.  .'>r)n2,  §3575 

fraudulent  attachment;  rights  of  creditors 7,  p.  5."i5'2,  §  3576 

officer  must  hold  property  or  lien  is  lost 7,  p.  5553,  §  3577 

possession  of  officer  need  not  be  personal 7,  p.  5553,  §  3577 

no  right  to  remove  it  from  jurisdiction   7,  p.  5554,  §  3577 

when   sale   of    "peiisliable   property"    levied   on,    permit- 
ted   7,  p.  5554,  §  3577 

officer  liable  as  trustee  of  property 7,  p.  5525,  §  3578 

forthcoming  bond  to  olRjur;    riglits  and  liabilities  there- 
under   7,  p.  555(),  §  3579 

attorney  personally  liable  for  malicious  attachment 1,  p.    258,  §    155 

transfer  of  stock  by  delivery  of  oertiticates  good  against  at- 
taching creditor  of  transferrer. li  p-    770,  §    404 

6.  Disnoliitlon  of  Attaclunent. 

by  giving  bond 7,  p.  55n0,  §  35S0 

by  payment  of  judgment 7,  p.  55153,  §  35S0 

by  showing  that  grounds  alleged  do  not  exist 7,  p   55i)3,  §  3581 

by  repeal  of  statute  authorizing  it 7,  p.  55(i4,  §  3582 

by  judgment  for  defendant 7,  p.  55t!4,  §  3583 

by  defects  and  irregularities  in  proceedings 7.  p.  55(i5,  §  3584 

by  altering  process  or  changing  demand 7,  p.  55(i5,  §  3585 

referring  claims  to  arbitration 7.  i>.  55f)(>,  g  3586 

by  death  of  defendant 7,  l>.  5507,  §  3587 

by  bankruptcy  of  defendant 7,  p.  5507,  §  3588 

after  dissolution  of  attachment,  officer  must  deliver  property 

to  defendant 7,  p.  5507,  §3589 

Attorney. 

lien  of,  see  Liens,  2. 
Attorney  and  Client. 

1.  Admission  and  Removat,  of  Attorneys. 

2.  PlUVlLEGES  AND  DISABILITIES  OF  AtT()11NET3. 

3.  Liability  of  Attokney  to  Tiiiud  Peusons. 


I 


6386  ATTORNEY  AND  CLIENT, 

Attorney  and  Client— (Continued.) 
4.  autilokity  and  powkrh  of  axtornkt, 
6.  Tekmination  of  Authority. 

6.  Ratification. 

7.  LiALiLiTY  OF  Attorney  to  Client. 

8.  Liability  of  Client  to  Attorney. 

9.  MiSCELLANEODS. 

1,  Admission  and  Removal  of  Attorneys. 

attorney  and  attorney-at-law  defined 1,  p.  205, 

office  of  attorney  not  known  in  justices'  courts 1,  p.  205, 

nor  in  New  York  surrogate  court 1,  p.  205, 

license  essential  to  right  to  practice 1,  p.  206, 

granted  by  highest  court  gives  right  in  all  inferior  courts, 

1,  p.  206, 
Btatute  making  diploma  of  law  school  conclusive  evidence 

of  quahfkation,  valid   1,  p.  206, 

statute  admitting  to  practice  every  person  of  good  moral 

character  invalid 1,  p.  206, 

unlicensed  attorney  cannot  sue  for  fees,  nor  firm  of  which 

he  is  a  member 1,  p.  206, 

but  that  attorney  is  not  qualified  does  not  void  the  pro- 
ceedings   1,  p.  208, 

acts  of  lawyer,  de facto  valid 1,  p.  207  n, 

term  of  office  is  for  life  during  good  behavior 1,  p.  206, 

order    of   admission    an   adjudication   of   "good    moral 

character  " 1,  p.  207, 

decision  of  court  as  to  qualifications  not  revVvable  on 

appeal 1,  p.  207, 

mandamus  will  not  lie  to  compel  his  admission 1,  p.  207, 

attorney  cannot  be  enrolled  nunc  pro  tunc 1,  p.  207, 

attorney  of  another  state  may  be  required  to  pass  exam- 
ination   1,  p.  207, 

rule    requiring    service    as    clerk     with    practicing    at- 
torney  1,  p.  207, 

right  to  practice  does  not  depend  on  United  States  citizen- 
ship  1,  p.  208, 

license  not  a  "  contract " 1,  p.  208, 

subject  to  be  taxed  by  state 1,  p.  209, 

attorri'iy     does    not     hold    "  office    of     trust,    civil    or 

military 1,  p.  208, 

is  not  an  ' '  oflicer  "  or  a  "  public  officer  " 1,  p.  208, 

cannot    be    excluded  from  practice   for  past  miscon- 
duct  1,  p.  208, 

who  not  eligible  to  be  attorney — women 1,  p.  208, 

non-residents 1,  p.  208, 

aliens 1,  p.  208, 

judges 1,  p.  208, 


126 
126 
126 
127 

§  127 

§  127 

§  127 

§  127 

§  123 
§  127 
§    127 

§    127 


§ 

127 

§ 

127 

§ 

127 

§ 

127 

§ 

127 

§ 

127 

§ 

128 

§ 

128 

§ 

128 

§ 

128 

§ 

128 

§ 

127 

§ 

127 

§ 

127 

§ 

127 

ATTORNEY  AND  CLIENT.  6387 

Attorney  and  Client— (CVjntinued.) 

master  in  chancery 1,  p.    208,  §  127 

clerk  of  court 1^  p,    208,  §  127 

power  of  court  to  disbar  attorneys 1.  p.    201),  §  129 

power  inherent  in  court— statute  authority  not  neces- 
sary  1,1,.    210,  §  129 

attorney  disbarred  from  one  court  cannot  practice  in  an- 
other  1,  p.    21],  §  129 

proceedings  cannot  be  dismissed  on  motionof  accus')d..  1,  p.    211,  §  129 

attorney  may  be  removed  at  hii  own  request 1,  p.    211 ,  §  129 

what  causes  are  good  ground  for  disbarment 1,  p.    212,  §  l.SO 

■what  causes  are  not  good  ground  for  disbarment 1,  p.    215,  §  I'M 

court  may  suspend  from  practice  for  a  term 1,  p.    2 1 9,  §  l.']2 

previous  conviction  not  necessary 1,  p.    221,  §  133 

withdrawal  of  criminal  charge  against  attorney  by  client 

does  not  prevent  his  disbarment 1,  p.    222,  §  133 

practice  in  disbarment  proceedings 1,  p.    222,  §  134 

evidenc3  in  disbarment  proceedings 1,  p.    224,  §  134 

jury  trial  not  of  right 1,  p.    221,  §  134 

judgment  in  disbarment  proceedings 1,  p.    225,  §  134 

appeal  does  not  lie  when 1,  p.    225,  §  134 

proceeding  barred  by  lajjse  of  time 1,  p.    225,  §  134 

mandamus  will  lie  to    restore  attorney  improperly  dis- 
barred   1,  p.    225,  §  135 

attorney,  after  disbarment,  may  be  readmitted 1,  p.    225,  §  136 

pardon  does  not  restore  attorney  to  office 1,  p.    22G,  §  136 

conditions  precedent  to  readnii.ssion 1,  p.    220,  §  136 

attorney  liable   for  costs  of   disbarment  proceedings  in- 
stituted in  bad  faith 1,  p.    254,  §  153 

2.  Privileges  and  Disabilities  of  Attorneys. 

right  of  attorney  to  visit  his  client  in  person 1,  p.  227  n,  §  137 

attorney  privileged  from  arrest  when 1,  p.    227,  §  133 

privilege  of  suing  or  being  sued  in  Lis  own  court  obso- 
lete  1,  p.    223,  §  139 

attorney  exempt  from  serving  as  juror 1,  p.    22S,  §  140 

or  as  overseer  of  poor. 1,  p.    228,  §  140 

or  supervisor  of  public  roads ,1,  p,    228,  §  140 

not  exempt  from  military  duty 1,  p.    228  §  140 

exemption  from  responsibility  for  words  Sjjoken  in  judicial 

proceedings 1,  p.    228,  §  141 

privilege  is  personal — subsequent  publication  not  privi- 
leged     l,p.    231,§  141 

attorney    bound    to     defend     destitute     person    without 

charge 1,  p.    231,  §  142 

attorney  cannot  act  in  diverse  capacities 1,  pp.  231-233,  §  143 

or  on  both  sides  of  case 1,  pp.  233-235,  §  144 

attorney  prohibited  from  purchasing  demand  in  suit. . .  1,  p.    235,  §  145 


6388 


ATTORNEY  AND  CLIENT. 


146 
143 

143 
148 
149 
149 
149 

150 
150 
150 
151 
152 


Attorney  and  Client— (Continued.) 

coinimiiiicatious  between  attorney  and  client,  when  privi- 
leged     1,  p.    236,  § 

disability  of  attorney  to  become  surety  for  client 1,  p.    250,  § 

but  act  of  attorney  not  void  though  prohibited  by  stat- 
ute  1,  p.  251  M,  § 

liability  of  attorney  in  obtaining  bail  for  client 1,  p.    251,  § 

attorney  in  cause  not  disqualified  as  witness 1,  p.    251,  § 

nor  counsel  who  conducts  case  in  court 1,  p.    251,  § 

ri^'ht  of  attorney  called  as  witness  to  fees  as  such 1,  p.  251  n,  § 

3.  Liabiidy  of  Allorncy  to  Third  Person. 

members  of  firm  liable  for  acts  of  each  other 1,  p.    252,  § 

attorney  liable  for  paying  over  money  after  notice 1,  p.    2')3,  § 

not  liable  for  acts  done  in  good  faith  for  client 1,  p.    253,  § 

attorney  liable  for  acting  for  party  without  authority.  .1,  p.    2).'},  § 

liability  to  third  persons  on  implied  contract 1,  p.    253,  § 

liable  for  work  done  in  cause  by  third  person  at  his  own 

request 1,  p.    253,  §    152 

for  money  advanced  by  third  person  to  prosecute  action, 

1,  p.    253,  §    152 
not  liable  for  charges  of  person  employed  to  examine 

books 1,  p.    251, 

liability  of  attorney  for  fees  and  costs  in  suit 1,  p.    254, 

liability  of  attorney  for  trespass 1,  p 

liability  of  attorney  for  malicious  prosecution 

1,  p.  258,  §  155;  3,  p.  1893,  § 

not  liable  for  having  mistaken  his  remedy 1,  p. 

liable  for  conspiring  with  arbitrat  irs  to  obtain  unjust  award, 

l.P. 
not  chargeable  with  client's  evil  motives 1,  p. 

4.  Aul/iorit;/  and  Power i^  o/  Alturnoj. 

authority  of  attorney  evidenced  by  retainer 

1,  p.  2f)0,  §  15(5;  p.  333, 

retainer  may  be  oral 1,  p.  2G1,  ^  15();  p.  .'5,'>4, 

or  may  be  implied 1,  p.  202,  §  ISG;  p.  334, 

case  cannot  be  dismissed  witliout  consent  of  attorney. .  1,  p.  2(i2, 

rights  and  statua  of  amicus  ciiriw 1,  p.  2(12, 

authority  of  attorney  to  appear  presumed 1,  p.  2(i3, 

cannot  be  questioned  by  opposite  party 1,  p.  2()3,  § 

party  cannot  appear  both  by  himself  and  Ijy  attorney  .  .1,  p.  203,  § 

court  may  order  authority  to  be  produced 1,  p.  2G4,  § 

but  opposite  party   must  show  cause   before   rule  will 

issue 1,  p.  2C4,  § 

authority  of  attorney  not  objected  to  in  lower  cannot  be 

inquired  into  in  appellate  court 1,  p.  2G5,  § 

cannot  be  made  after  the  term  at  which  appearance  first 

made 1,  p.  265,  § 


256,  § 


257,  § 

258,  § 

259,  § 


152 
153 
154 

1008 
154 

154 
155 


202 
202 
202 
15G 
156 
157 
157 
157 
153 

158 

153 

158 


ATTORNEY  AKD  CLIENT. 


6389 


Attorney  and  Client— (Continued.) 

motion  for  rule  on  pi  ,intiff  to  file  warrant  of  attorney  must 

b&  made  before  plea l   p. 

appearance  for  several  defendants 1,  p. 

appearance  by  attorney  binds  party  though  unauthorized.!,  p. 

attorney  cannot  delegate  hisauthority 1,  p.  2SG,  §  171;  p, 

has  no  authoiity  to  employ  associate  counsel 

1,  p.  2S6,  §171;  p. 
wife  of  attorney  has  no  authority  to  receive  payment  for 

li'"" l,p. 

by  death  of  attorney,  powers  of  substitute  cease 1,  p. 

agreement  to  turn  over  to  another  notes  which  he  has  in 

his  hands  for  collection  invalid 1,  p. 

implied  powers  of  partners  in  legal  partnerships 3,  p. 

partners  have  not  powers  of  mercantile  partners 1,  p. 

no  power  to  issue  negotiable  paper 1,  p. 

or  to  bind  firm  by  promise  to  indemnify  officer 1,  p. 

client  entitled  to  services  of  each  partner 1,  p. 

each  partner  liable  for  negligence  of  others 1,  p. 

one  member  of  firm  may  sue  for  demand  due  firm 1,  p. 

but  there  may  be  set-off  against  firm 1,  p. 

clerk  may  represent  lawyer    in    ordinary  business    of 
office t    _, 

•   ■•••••.■.•.••a,,.,,    ij      JJ, 

clerk  not  prohibited  from  commencing  business  himself, 

and  acting  against  master's  former  clients 1,  p. 

clerk  has  no  authority  to  discontinue  action 1,  p. 

clerk  cannot  bind  client  by  discharge  without  satisl'ac- 

.        .    t^»" l,p. 

implied  powers  of  attorney  to  bind  client  by  his  agree- 
ments ...   I  p 

client  bound  by  all  acts  of  attorney  within  scope  of  au- 
thority     1   p_ 

by  stipulations  of  attorney  made  before  suit  entered.  1,  p. 

granting  time  to  file  papers It,. 

temijorary  absence  of  attorney  does  not  affect  his  author- 
ity  l,p. 

implied  power  of  attorney l,  pp.  278, 

to  make  admissions In 

....x,  p. 

to  make  affidavits 1   p. 

to  alter  securities j   p 

to  appeal 1  _  pp  280, 

to  submit  to  arbitration j^  p. 

to  order  an  arrest  In 

•-••••..*,  p. 

to  make  assignment  of  claims 1,  p. 

to  issue  attachment 1   p. 

to  make  compromise 1,  pp.  2S2 

to  agree  to  a  continuance 1,  p.  279,  §  170;  p. 


2G5,  § 

153 

200.  § 

159 

2(;7,  § 

160 

208,  § 

101 

208,  § 

101 

209,  § 

101 

269,  § 

161 

209,  § 

161 

1217,  § 

046 

270,  § 

162 

270,  § 

162 

271,  § 

162 

271,  § 

162 

271,  § 

162 

271,  § 

162 

271,  § 

162 

272,  § 

163 

272,  § 

163 

272,  S 

163 

272,  § 

163 

278,  § 

160 

278,  § 

169 

279,  § 

169 

279,  § 

169 

270,  § 

169 

279,  § 

169 

280,  § 

170 

280,  § 

170 

280,  § 

170 

281,  § 

170 

281,  § 

170 

281,  § 

170 

282,  § 

170 

282,  § 

170 

285,  § 

171 

285.  § 

171 

6390 


ATTORNEY  AND  CLIENT. 


Attorney  and  Client— (Continued.) 

to  contract 1,  P-  2S5, 

to  give  a  discharge. 1,  p.  2S5, 

to  agree  to  a  discontinuance 1,  p.  285, 


to  employ  counsel 1,  p.  2GS,  §  161;  p. 


286, 

286, 
286, 
286, 
286, 


to  hring  writ  of  error l*  p. 

to  execute  bunds !>  P' 

to  issue  or  stay  execution 1,  p, 

to  give  guaranty 1,  p 

to  coufe  s  judgment 1>  PP-  ''^^'i  287, 

to  receive  payment 1,  pp.  288-289, 

to  issue  process 1,  p.    200, 

to  purcliase , 1,  P-    290, 

to  give  release 1,  p.    290, 

to  stll  client's  property 1,  p.    290, 

to  agree  to  set-off 1,  p.    291 , 

to  sue 1,  p.  271,  §  162;  p.    291, 

to  be;;in  supplementary  proceedings 1,  p.    291, 

to  waive  client's  rights 1,  2>.    291, 

extent  of  authority  of  attorney  as  to  time 1,  p.    293, 

Tcrmiiiatioit  of  Authority. 

by  dissolution  of  partnership 1,  p.    272,  § 

does  not  affect  engagements  already  made 1,  p.    272,  § 

by  act  of  parties 1,  p.    273,  § 

client  may  revoke  authority  at  any  time 1,  p.    273,  § 

but  not  without  first  paying  attorney's  charges ....  1,  p.    273,  § 

notii.e  to  third  parties  essential 1,  p.    273,  § 

attorney  may  withdraw  at  any  time  on  giving  notice . .  1,  p.    274,  § 

employment  of  counsel  by  client  with   whom  attorney 

could  not  co-operate,  for  personal  reasons,  good  ground 

for  attorney's  withdrawal 1,  p.    27    n,  §    165 

that  client  refuses   to  pay  an  outside  demand  not  good 

ground  for  withdrawal 1,  p. 

transferring  lase  to  another  attorney  a  withdrawal.  ..1,  p. 

by  termination  of  suit •!)  p. 

attorney's    authority  ceases  with  entry  of  judgment  by 

death 1,  p, 

authority  of  attorney  revoked  by  death  of  client 1,  p. 

no  authoritj-,  witht)ut  new  retainer,  to  appear  for  client's 

executor  or  administrator 1,  p.    277,  §    167 

where  party  dies  after  verdict,  attorney  can  neither  give 
nor  receive  notice  of  motion  for  new  trial  or  of  ap- 
peal   1,  p.    277,  § 

authiirity  determined  by  death  of  attorney 1,  p.    277,  § 

or  by  death  of  one  member  of  llrm 1,  p.    277,  § 

authority  determined  by  removal  or  suspension  of  attorney 

from  office 1,  p.    277,  §    168 


171 
171 
171 
171 
171 
171 
171 
171 
172 
172 
173 
173 
173 
173 
173 
173 
173 
173 
174 

164 
164 
165 
165 
165 
165 
165 


27r), 

276, 
276, 

277, 
277, 


165 

165 
166 

167 
167 


167 
167 
167 


171 

171 

171 

171 

171 

171 

171 

171 

172 

172 

173 

173 

173 

173 

173 

173 

173 

173 

174 

164 
164 
165 
165 
165 
165 
165 


ATTORNEY  AND  CLIENT.  Q'^Ql 

Attorney  and  Client  -(Continued.) 

by  ceasing  to  act  as  au  attorney j^  p  27S  S 

by  removal  from  state l,  p.  2*70]  §  165;'  p.  278',  § 

I'ywar 1   n  27S  8 

6.  Hati/ication.  '  ^'         '^ 

client  may  ratify  unauthorized  acta  of  attorney 1,  p.  294,  § 

ratification  must  be  made  with  full  knowledge  of  facts..!,  p.  294,'  § 
1.  Liability  of  Attorney  to  Client. 

dealings  between  attorney  and  client  closely  scrutinized..!,  p.  296,  § 

must  1)6  fair  and  equitable,  to  be  supported !,  p,  297,'  § 

not  allowed  to  purchase  subjeotmatter  of    suit— client 

may  set  aside  such  purchase  on  discovering  it. . . .!,  p.  297,  § 

nor  can  he  purchase  from  client  or  take  gifts  from  him. .  !*  p.  297^  § 

attorney  must  render  accounts  to  client l]  p.  297,'  § 

liableforlosswherehemixesclient'smoneywithhisown.!,  p.  2!)7i  § 

duty  to  notify  client  of  collection  of  money 1,  p.  298,'  § 

duty  to  pay  over  money  to  client i\j,  29s]  § 

demand  necessary  by  client  before  action  against  attor- 
ney for  money  in  liis  hands i_  p  299,  § 

when  demand  not  necessary 1^  „  ocjg  s 

attorney  liable  as  garnishee  of  client  when 1,  p.  SOO,  § 

attorney  liable  for  client's  money  deposited  in  bank  in  his 

°^^'"  na'ne !,  p.    300,  § 

attorney  liable  for  gross  negligence  in  his  client's  afTairs...!,  p.    301,  § 

degree  of  skill  required  of  attorney !,  pp.  301-303,  § 

negligence  a  question  of  fact l,  p.    303'  § 

liability  for  mistakes  of  law 1,  pp.  303,  304,  § 

liability  for  mistakes  in  drawing  papers— pleadin<.'s. . .!,  p.     305,  § 

liability  for  mistakes  in  prosecution  of  suit 1,  pp.  306-3(8,  § 

liability  for  mistakes  in  giving  advice !,  jip.  308,  309,  § 

measure  of  damages 1   p     gQg  ^ 

attorney  must  follow  instructions  of  client 1,  pp.  309,  3Ui  § 

liability  of  attorney  for  mistakes  or  frauds  of  agents  or 

associates 1,  pp.  310,  311,  § 

liability  of  attorney  for  acting  without  authority !,  p.    31 1,  § 

liability  of  attorney  for  acting  in  excess  of  authority !,  p.    31 1,  § 

attorney  not  liable  for  matters  outside  profession !,  p.    ZV2,  § 

remedy     is     against     attorney    alone  —  proceedings    not 

affected 1   p     gj  o  s 

summary  proceedings  against  attorneys 1,  p.    313,  § 

when  summary  proceedings  will  lie 1,  p.    314   § 

for  what  acts  summary  proceedings  will  lie 1,  p.    315,  § 

8.  Liability  of  Client  to  Attornty. 

attorney  and  counsel  may  sue  for  services 1,  p.    31 9,  § 

must  show  license  to  practice  when ....!,  p.    322,  § 

statute  requirinj^  attorney   to  defend   suit  without  fee 

"^"^'^ l.p.    322,§    196 


168 
168 
168 

175 
175 

176 
176 

176 
176 
177 
177 
178 
179 

179 
179 
179 

179 
180 
ISO 
181 
182 
1S3 
184 
185 
186 
187 

188 
189 
190 
191 

192 
193 
194 
195 

196 
196 


6292 


ATTORNEY  AND  CLIENT. 


Attorney  and  Client— (Continued.) 

when  member  of  firm  of  atlon.eys  may  sue  alone 1,  p.    322,  §    196 

attorney,    in   absence   of    contract,   may    recover   quantuiii 

meruit 1,  p.    323,  §    197 

no  bar  that  litigation  W88  unsuccessful 1,  p.    3-'3,  §    197 

or  that  services  were  of  no  benefit  to  client 1|  p-    323,  §    197 

when  rate  of  attorney's  compensation  is  fixed  by  statute, 

such  amount  recoveiable 1,  p.    323,  §    197 

taxable  costs  are  not  necessarily  measure  of  attorney's 

compensation 1,  p.  323  n,  §    197 

where  one  attorney  renders  services  for  another,  promise 

to  pay  implied 1,  p.    323,  §    197 

attorney  who  is  also  guardian  or  public  oflScer  can  recover 

fees  when 1,  p.    323,  §    197 

how  basis  of  compensation  arrived  at  in  absence  of  con- 

h.n  1,  p.    324,  §    198 

illuatn^  '.  .•'  "^sonable  fees ,. 

1,  p.  326,  §  198;  p.  328,  §  198;  pp.  330,    331. 
value  of  services  may  b''  •^hown  by  opinions  of  experts . .  1,  p.    327, 

rules  of  bar  do  not  bind  client 1.  p.    330, 

entitled  to  c.  "je  .Uteudance,  if  he  actually  attends 

hearing,  thou;^li  Lo  does  not  hear  whole  argument  or 

take  part  in  it 1,  p.    329, 

that  otlier  counsel  M'ere  engaged  will  not  deprive  him  of 

fee 1,  p.    329, 

where  several  suits  depoul  on  argument  in  one,  charges 

must  not  be  multiplied  at  full  rate 1,  p.    329, 

that  case  was  disposed  of  on  grounds  not  raised  in  argument 

immaterial 1,  p.    329, 

attorney  entitled    to   retaining  fee  without    special    con- 
tract   1,  p.    329, 

demand  on  client  for  certain  sum  as  compensation  does  not, 
if  refused,  restrict  attorney  from  recovering  only  that 

sum  1,  p.    329,  §    199 

attorney  need  not  look  to  collection  of  demand  for  his  fee, 

nor  wait  for  it  until  collected 1,  p.    329,  §    199 

entitled  to  retaining  fee  in  advance 1,  p.    329,  §    199 

not  usual  to  charge  more  than  one  retaining  fee  in  same 

case  1,  p.    329,  §    199 

right  to  appearance  fee  depends  upon  contract,  either  express 

or  implied 1,  p.    329,  §    199 

attorney  who  is  also  broker  not  entitled  to  attorney's 

fees 1,    330,  §    199 

attorney  employed  by  assignee  cannot  charge  retainers 

insults 1,  p.    330,  §    199 

attorney  for  executor  cannot  charge  for  answering   in- 
quiries of  creditors 1,  p.    330,  §    199 


§ 
§ 
§ 

199 
193 
199 

§ 

199 

§ 

199 

§ 

199 

§ 

199 

§ 

199 

ATTORNEY  AND  CLIENT.  6393 

Attorney  and  Client— (Continued.) 

costa  are  taxed  according  to  fee-bill  in  existence  when 

services  rendered 1,  p.     330,  §    199 

attorney  representing  junior  execution  on  which  notliing 
is  realized   from   fund  levied  on  not  entitled  to  fees 

from  it 1_  p.    330,  §    109 

attorney  may  deduct  fees  from  client's  funds  in  his  hands!,  p.    331,  §    200 

compensation  out  of  fund  in  court,  when  allowed 1,  p.     332,  §    201 

retainer,  either  express  or  implied,  nmst  be  proved  before 

recovery  for  services  can  be  had 1,  pp.  333-338,  §    202 

also  that  services  were  rendered 1,  p.    338,  §    203 

retainer  to  conduct  suit  does  not  give  authority  to  a])peal 

to  higher  court 1,  p.     330,  §    204 

when  attorney  cannot  recover  compensation  for  services.  1,  p.    340,  §    205 
•where  services  were  useless  because  of  his  fraud  or  ne-li- 

genco 1,  p.    340,  §    205 

fraud  or  unfaithfulness  in  one  matter  will  not  deprive 

him  of  right  to  compensation  for  other  services.  .1,  p.    342,  §    205 
act  of  impropriety  or  neglect,  if  condoned,  will  not  de- 
feat right  to  recover  for  retainer  and  services 1,  p.    342,  §    205 

where   he   refuses  or  neglects    to   pay   over   money   col- 
lected  1,  p.    340   §    00.-, 

where  services  were  illegal  or  immoral 1,  p.     343,  §    205 

where  services  were  absolutely  useless 1,  p.    343,  §    205 

where   rendered  in   litigation  about  officers'  fees    wliich 

grew  out  of  the  suit. 1,  p.    3t3,  §    205 

where  he  has  violated  his  instructions 1,  p.    343,  §    205 

attorney  may  make  express  contract  for  compensation  even 

where  fees  are  regulated  by  law 1,  p.    344,  §    206 

special  contracts  for  compensation  must  be  fair  and  just.l,  p.     344,  §    2UG 
quantum  meruit  not  recoverable  where  speci.il  contract  has 

been  made 1,  p.     315,  §    oqg 

power  of  court  to  refcjrm  contracts  between  attorney  and 

client 1,  p.    345,  §    206 

contract  for  contingent  fee  valid 

1.  P-  344  n,  §  20();  p.  3-15,  §  2(,G;  p.    310,  §    20G 
illustrations  of  contracts  for    compensation    sustained  by 

courts 1,  p.    343^  §    097 

illustiations  of  contracts  for  compensation  not  sustained  l)y 

courts 1,  p.     349,  §    033 

where  service  is  interrupted  before  its  completion,  attorney 

may  recover  the  value  thereof 1,  p.    350,  §    209 

where  attorney  becomes  incapable  of  acting  further  by  being 
elected  judge,  he  may  recover  for  what  he  has  al- 
ready done 1,  p.    330,  §    200 

note  given  for  fee  may  be  collected  thoiigli  cause  be  comjiro- 

J^ised 1,  p,    3j0,  §    209 


C394  ATTORNEY  AND  CLIENT — AUCTIONS. 

Attorney  and  Client— (Continued.) 

wlicre  attorney  dies  btforo  tlie  cause  determined,  adminis- 
trator may  recover  tjuaiitmu  meruit 1,  p.    350,  §    209 

where  note  is  given  to  atturni'y  for  fee,  death  of  maker  at 
hands  of  mol)  befon'  trial,  constitutes  partial  failuro 
of  consider.ition 1,  p.    330,  §  209 

by  withdrawal  from  case  by  consent  af  client,  attorney  does 

not  forfeit  his  f.jes . 1,  p.     3')!,  §    210 

aliler,  where  he  abandons  case  without  consent 1,  p.    3Jl,  §    210 

client  refusing  funds  to  carry  on  litigation  justifies  with- 
drawal   1,  p.    351,  §    210 

attorney    dismissed  by  client    without  cause  entitled   to 

fees 1,  p.    351,  §    211 

client  cannot,  by  employment  of  additional  counsel,  reduce 

the  amount  of  compensation 1.  P-    352,       211 

if  fees  are  contingent  on  success,  and  client  settles  suit  with- 
out attorney's  consent,  attorney  can  recover  what  serv- 
ices worth 1,  p.    352,  §    211 

9.  Mhrellnvcoiis. 

implied  power  of  agent  to  employ  counsel 1,  p.    104  §      63 

notice  to  attorney,  when  notice  to  client 5,  p.  3S33,  §  22S0 

liability  of  bank  for  failure  of  attorney  to  recover  on  note  in 

its  hands  for  collection 2,  p.    870,  §    512 

negotiability  of  notes  with  stipulations  for  payment  of  attor- 
ney fees  if  not  p.tid  at  maturity,  or  if  suit  instituted 
upon  them 4,  p.  2C00,  §  14G3 

statute  allowing  attorney's  fees  on  actions  against  railroads 

for  injuries  to  stock,  constitutional 3,  p.  2544,  §  1418 

slanders  on  attorneys,  when  actionable 3,  p.  2244,  §  12.14 

libels  on  lawyers,  when  actiimable 3,  p.  22S'2,  §  1273 

advice  of  counsel  as  a  defense 3,  pp.  ISSO  to  1SS7,  §  1096 

Attornment. 

See  Landlord  and  Tenant,  5. 
Auctions. 

See  Trusts  and  Trustees,  2. 

Lien  of  auctionpcr,  see  Liens. 

1.  Nature  and  Effect  of  Sales  at  Auction. 

2.  Dl'ties  and  Powers  of  Auctionber. 

3.  Liabilities  of  Auctioneer. 

4.  IviGiiTS  and  Liabilities  of  Bidders. 

5.  The  Auctioneer's  Compensation. 

L  Nature  and  Efuds  of  Sales  at  Auction.     (See  also,  3.) 

auction  defined 1,  p.  336,  §  212 

elTect  of  advertising  auction,  "  without  reserve  " 

1,  p.  333,  §  212;  1,  p.  371   §  2)8 

bid  may  be  retracted  by  bidder  when 1,  p.  356,  §  212 

bid  may  be  withdrawn  by  auctioneer  when 1,  p.  356,  §  212 


AUCTIONS. 


6395 


Auctions — (Continued). 

uliuct  of  variance  from  description  of  property 1,  p,    357,  §    212 

advertisement  is  no  part  of  conditions  of  gale,  and  does  not 

bind  vendor  unless  expressly  made  so 1,  p.    358,  §    212 

efTcct    of    conditions    of    sale     advertised    or    stated    by 

auctioneer 1,  p.    358,  §    212 

evidence,  when  admissible  to  vary  conditions  of  sale  by 

auction 1,  p.    ."^aS,  §    212 

specific  performance  of  sale  by  aiK  tion  may  be  decreed.  1,  p.    358,  §    212 

action  lies  for  disturbance  of  sale  by  auction 1,  p.    35c>,  §    212 

a  sale  of  a  number  of  articles  or  pieces  of  property  constitutes 
but  one  contract,    though  separately  struck  oft'  at 

different  prices 1,  p.    359,  §    212 

lease  of  real  estate  for  five  years,  by  auction,  to  highest 

bidder  is  not  "  sale  of  real  estate  " 1,  p.    359,  §    212 

bidder  may  repudiate  bid  if  auctioneer  refuses  to  disclose 

prill'  ipal 1,  p.  370  «,  §  21S;  1,  p.    374,  §   219 

one  who  sells  his  own  goods  at  public  auction,  as  well  as  one 

who  sells  another's,  is  an  auctioneer 7,  p.  G2G2,  §  3993 

implied  jtower  of  agent  to  sell  at  auction 1,  p.     103,  §     G7 

agent  selling  at  auction  may  bid  for  third  person 1,  p.    140,  §      93 

2.  Duties  and  Poicers  <f  Auclioneer. 

auctioneer  defined 1,  p,    359,  §    213 

may  be  required  to  take  out  license 1,  p.    360,  §    213 

note  for  goods  bought  at  sale  by  unlicensed  auctioneer  is 

valid 1,  p.    360,  §    213 

sale  by  one  not  licensed  as  auctioneer  will  not  avoid  convey- 
ance to  innocent  purchaser 1 ,  p,    3G0,  §    213 

may  be  authorized  to  sell  by  parol 1,  p.    3G0,  §    213 

authority  is  revocable  by  principal.. . .  1,  p.  oGO,  §  213;  1,  p.    3G2,  §    215 
dutyof  auctioneer  to  use  diligence;  liable  for  negligence..  1,  p.    3G",  g    214 

to  account  to  his  employer 1,  p.    3()1,  §    214 

to  obey  instructions  of  principals 1,  p.    3G1,  g    214 

to  sell  for  cash  when  instructed  to  do  so,  and  not  take 

check ],p.    301,  §    214 

to  adjourn  sale  on  doubt  of  title  or  identity  of  goods,  1,  p.    3G1,  §    214 

to  jjay  over  proceeds  of  sale 1,  p.    361,  §    214 

auctioneer  may  sue  for  property  or  price  in  his  own  name, 

1,  p.  201,  §  124;  1,  p.    361,  §    215 

or  principal  may  sue 1,  p.    302,  §    215 

may  receive  p.nyment 1,  p.    3G2,  §    215 

has  authoi  ity  to  prescribe  the  rules  of  bidding  and  terms 

of  sale 1,  p.    3C2,  §   215 

printed  terms  of  sale  cannot  be  varied  by  parol  declarations 

of  auctioneer 1,  p.    362,  §    215 

advertisement  of  sale  of  property  by  auctioneer  may  be  ex- 
plained at  time  of  sale 1,  p.    362,  §    215 


G39l> 


AUCTIONS. 


Auctions— (Continned. ) 

auctidncer  is  a^iiiit  f<ir  both  buyer  and  seller 1,  p.    3fi3,  §    210 

may  tij^n  nieiiioraiiiluni  witliin  statute  of  fiiiiuls. .. .   1,  p.    3U;i,  §    216 

rt(iuisites  of  ii^einnraiulum  on  sales  at  auction 1,  p.    304,  §    210 

may  be  made  by  auctioneer's  clerk 1 ,  p.    3G4,  §    210 

auctioneer  has  nu  authority  to  purchase 

1,  p.  3G8,  §217;  1,  p.    309,  §    217 

nor  to  sell  in  private li  p.    3G8,  ij    217 

nor  to  give  warranty  of  the  g(jods  sold 1,  p.    3G8,  g    217 

nor  to  sell  on  credit 1,  p.    3GS,  §    217 

nor  to  bind  principal  by  verbal  declarations  at  sale  inconsis- 
tent with  the  printed  or  published  particulars. . .  1,  p.    308,  §    217 
nor  to  delegate  his  authority  by  employing  another  jjcrson 

.      to.sell 1,  p.    SG8,§2]7 

nor  to  receive  purchase  price  of  real  property  sold 1,  p.    .">(>'.•,  ;?    217 

Lis  authority  ceases  when  sale  made 1)  p.    309,  §    217 

has  no  authority  to  rescind  the  contract 1,  p.    SGt),  §    217 

3.  LiahiliUci  of  A  uctioiieer, 

personally  liable  where  he  does  not  disclose  his  princi^ial 

1,  p.  370,  §218;  1,  p.    371,  §    218 

for  state's  charges 1,  p.    370,  §    218 

when  he  sella  for  less  sum  than  ordered 1,  pp.  370,    372,  §    213 

auctioneer  innocently  selling  stolen  goods  liable  to  true 
owner,  even  where  proceeds  have  been  paid  over  to 
thief  without  notice  of  the  felony 1,  pp.  370,    372,  §    213 

auctioneer  who  sells  goods  wliich  are  claimed  by  a  third  per- 
ion  liable  to  him  if  he  pay  over  the  proceeds  after 
notice 1,  p]).  370,    372,  §    218 

claimant  must  prove  properly  in  goods;  not  suHicient  that  ho 

delivered  them  to  auctioneer 1,  p.    371,  §    218 

auctioneer  not  liable  to  action  for  not  Eclling  goods  on  day 

advertised  by  him 1,  p,    372,  §    21S 

auctioneer  who  sells  property  of  estate  under  order  of  court, 

and  receives  price,  not  depositary  for  purchaser. .  1,  p.    371,  §    218 

liability  of  aucti"neer  who  advertises  sale  "without  re- 
serve,"  1,  p.    371,  §    213 

sheriff,  selling  property  at  auction,  not  obliged  to  attend  to 

bid  of  insulliuient  jiurchaser 1,  p.    372,  §    21S 

4.  Hii/hts  and  IJuhUitk's  of  li'uUhrs.     (See  also  1.) 

one  bidding  without  disclosing  agency,  personally  liable  as 

purchaser 1,  p.    373,  §    219 

of  one  who  stands  by  and  allows  his  name  to  be  put  down  as 

purchaser,  though  he  did  not  bid 1,  p.    373,  §    219 

bidder  of  a   "choice"  from  a  lot  must  make  his  election  at 

once 1,  p.    373,  §   219 

■where  purchaser  does  not  comply  with  the  conditions  and 

property  is  resold,  he  is  liable  for  deficiency 1,  p.    373,  §    21 9 


A 


AUCTIONS.  C397 

Auctions— (rontinucfl.) 

or  biiklcr  may  be  sued  for  price  wiLhout  tender  of  goods 

.,  ,     ,            .  ^'V-    371,  § 
mistake  l>y  mict'Dnccr  in  entering  vendor's  name  M-ill  be  cor- 
rected in  equity 1,  p.    37.1^  § 

by  being  knocked  down  to  bidder,  II10  jiroperty  docs  not 
vest  if  iiiglier  bid  was  made  and  recognized,  and  sale 

was  reopened 1^  p.    37.1^  § 

anctioneiT  should  reopen  siilo  when  it  is  aflirmcd  and  ho 
has  good  reason  to  belie       tint  there  was  higher  bid 

•"•"^'le l.p.    S71,§ 

lidder  to  whom  land  is  knocked  down  not  bound  to  pay 
pnrehaae-Tnoney  and  accept  deed  tendered,  and  leave 
seller  to  clear  up  defects  in  title  afterward   with  aid 

of  purchase  numey 1,  p.    374^  § 

defect  of  title  to   tnc  lot   does  not  affect  sale  of  another 

^"* l,p.    37.1,§ 

illegal  to  concert  with  auctioneer  a  private  signal  denoting 

^''^ l.p.  375,§ 

raising  price  by  ficti'ions  bids  rr  "  pnCTeib"  il!eg:il 1,  p.  378,  § 

bidders  and  puifcrs  at  judicial  sales 3,  p.  ICd,"],  § 

not  illegal  to  place  "  u^isct  price"  on  article 1,  jj.  3S1,  § 

nor  to  prevent  sacriHcc  of  proprrty 1,  p.  3t,:2,  § 

Bale  when  fictitious  bidders  employed  not  set  aside  when 

the  purchaser  has  acquiesced 1,  p.  SS2,  § 

nnd  hpio  of  time  may  prevent  rescission 1,  p,  5S2,  % 

purch.isor    must    return   property   when    fraud  discov- 

"■<=^^ 1,  p.  SS2,  § 

pufTcr  may  hold  property  as  against  owner 1,  p,  3S2,  § 

a;;rcenient3  bttween  parties  not  to  bid  at  auction  illegal.  1,  p.  r.S3,  § 

but  agreements"  to  bid  for  joint  benefit  valid 1,  p.  SSM,  § 

officer  Eclling  pioMcrty  nob  boniid  to  accept  l)id  of  infant 

at  public  auction 2  p,  I.197  § 

C.   The  Aiirt/'onccy's  Compensnllon. 

auctioneer  entitled  to  usual  compensation 1,  p.  3S7,  § 

entitled  to  be  reimbursed  cxpeusrs,  disimrscmciits.  . .  1,  p.  SS7,  § 
may  recover    damages  sustained  in   executing  his  eom- 

"ii^»i"n- 1,  p.    SS7,  § 

£3  not eutitleil  to  comptusatiou  where  he  has  been  guilty  of 

negligence  or  fraud 1,  p.    337,  § 

may  recover  commission  though  property  withdrawn  before 

S'^'o 1 ,  p.    CS7,  § 

may  sue  pundiascr  for  fcc3  when  payable  by  him  by  condi- 
tion of  sale 1,  p.    3S7,  § 

no  defense  that  purclirir,cr  will  not  take  property 1,  p.    GJ7,  § 

whero  he  sells  number  of  lots  for  ono  owner  severally,  en- 
titled to  distinct  commission  upon  each  sale 1,  p.    SS7,  § 

Lawson  R.  &  R.— 448. 


'JID 
211) 

21-) 

219 

219 

219 

219 
220 
C13 
22t) 
2:20 

220 

230 

220 
220 

220 
220 

624 

221 

221 

'I'li 
221 
221 

2"! 

221 

221 


Gr.93 


AUCTIONS— BAILMENTS. 


Auctions— (Continupd . ) 

Btatuto   lixiiiy  auutii)noer's  foes  doos  not  nr^pl}'  to  cxiirnscs 

or  clisliursi.'iiiL'iitH  or  fxtraoriliii.iry  8i  iviit'>( 1,1'.    3^8,  §    C21 

not  entitled  to  C()niinis.si(iiia  on  ft  liiil  nut  cdMijilicd  will)..  1,  p.    HS'^,  §    'Jl'I 

no  rij^lit  to  cliaryo  fee  far  atljoiirmneut  of  sale 1,  p.    DSS,  §    '221 

nnr  m  lieru  ho  hud  uo  lioeuso  to  acU 1,  p.    '666,  §    1^21 

Award. 

See  AnuiTRATioN  axd  Award. 

.Scu  CAnnii;n3. 
Bail. 

liaMlity  of  attorney  in  olitaining  ]in\\  for  cllunt 1,  p.    C'l,  §    1-lS 

ru-traiut  without  process  i-cruiilttd  in  the  easu  of  Ip.iil  .-uul 

principal 3,  p.  1S29,  §  IOCj 

Bailiff. 

infant  cannot  Lo  bailiff ....2,  p.  1407,  §    S21 

Bailments. 

See  also,  WAr.Eiiou.sEMAN';  Wuaufincek. 

1.  Oknei!ai,  1'i;tn('IIM.fs. 

2.  flKATl'lTDlS  li.MI.MKNTS;    T.OANS. 

C.  Mutual  Bknkkit  Bailments;  Hire  of  Labor,  Services  ob 

ClIATTKLS. 

See  also  Common  Carriers;   iNSKEErERS;   Pledges;  Tele* 

GRAril  CoiirANIES. 

1.   General  rrinciplis. 

bailment  detiucd,  illustrations  of  bailment;* > 

4,  pp.  2S0n,  2902,  §§  1C03,  1094 

mutnal  assent  and  knowledge  essential 4,  p.  2002,  §  1(194 

may  be  created  without  express  ccntraet 4,  p.  2903,  §  l(i9.j 

finders  of  goods  are  bailees  of  them 4,  p.  2903,  §  1G95 

lessee  of  chattels  after  term  ends 4,  p.  290.'),  §  1G95 

bailments  by  publicofficers 4,  p.  2910,  §  1C97 

contract  must  be  to  return  identical  thing 4,  p.  29(5,  §  IGHG 

mutuitm,  what  is 4,  ji.  2907,  §  iG98 

different  classes  of  bailments 4,  p.  2910,  §  I G93 

negligence  as  alfecting  bailments 4,  p.  2;)11,  §  1G99 

tortious  bailee  as  in.surer 4,  p.  2,')13,  §  1700 

bailee  cannot  dispute  owner's  title 4,  p.  291.3,  §  1701 

liability  may  be  limited  by  contact 4,  p.  2911,  §1702 

liability  may  be  enlarged  by  contract 4,  p.  2;)14,  §  1703 

contributory  negligence  of  owner 4,  p.  2015,  §  1704 

burden  of  pro  >f 4,  p.  2917,  §  1705 

■what  is  and  is  not  conversion  by  bailee 7,  p.  5G97,  §  3G72 

bailment  of  property  with  power  tf  sale  cannot  be  dele- 
gated  1,  p.      20,  §     25 

2.  GrafuitoH-1  Dnilmonts;  Lonm. 

bailments  for  sole  benefit  of  bailor;  gratuitous  bailments. 4,  p.  2920,  §  170G 


BAILMr.NT3,  0399 

Bailments— (Con  tinnod.) 

test  nf  i^fivtiiiLims  l):ii:inf<nt 4,  p.  C02'2,  8  1707 

lialjility  of  gratuitous  bailoo 4,  \<i>.  'J'.l'Jt  'JDH'.',  S  1 703 

not  li.il.Iu  to  muk'if  iKi!  gi-.ituitdus  l.iilmoiit 4,  p.  2'.y^^2,  §  1700 

li;il)ility  of  Imilt'u  of  clo.su<l  rofoptaole 4,  p.  2.i;U,  §  1710 

bailee  without  reward  niny  sue  for  chattel 4.  p.  2f):U,  ^  1 71 1 

fiiult'r  may  iimintai'i  trovur  aijviiist  stran^or 4.  p.  L'!).'!.'),  §  171 1 

bailor  may  also  sue  for  chittel 4,  p.  'j;).'!0,  §  17 1 1 

recovery  by  bailor  in  action  for  bailed  chattel  bars  similar 

action  by  bailoo 4,  p.  293'),  §  1711 

bailment  may  bo  terminiitcd  Ly  acf   of   b,.ilor,  but  provinus 

demand  essential , 4,  p.  293"),  §  1712 

bailment  may  bo  terminated  by  bailee  notifying  bailor  of  his 

refusal  to  continue 4,  p.  2035,  §  1712 

baileo  terminating   baihnent  before  completed  liable  to  ac- 

tiou 4,  p.  293G,  §  1712 

bailment  terminated  by  bailee's  wrongful  transfer  of   thing 

bailed t 4,  p.  203G,  §  1712 

redelivery  of  tiling  bailed  terminates  bailment 4,  p.  2936,  §  1713 

bailee  always  bound  to  deliver  to  true  owner 4,  p.  2.)3(»,  §  1713 

mere  defwaitary  not  liable  to  action  until  (lem-'nd 4,  p.  2937,  §  1713 

bailee  of  goods  for  particular  purpose  cannot  transfer  them 

in  contravention  of  that  purpose  to  bona  fide  vendee 

without  notice 4,  p.  2937,  §  1713 

depositary   must  restore  not  only   thing  but  increase   or 

profits 4,  p.    2037,  §  1713 

death  of  bailee  or  bailor  terminates  ba'lnicnt 4,  p.  2938,  §  1714 

eullicient  excuse  for  non-delivery  that   property   l>ailed  has 

been  attached  by  third  person,  or  has  been  recovered 

from  him  by  process  of  law 4,  p.  293S,  §  1715 

or  of  animal  bailed  that  it  has  died 4,  p.  2938,  §  1715 

bailee  oijliged  to  deliver  at  place  where  property  is  or  at  iiis 

dwelling 4,  p.  2939,  §  1716 

after  refusal  to  deliver,  bailee  an  insurer 4,  p.  2939,  §  1717 

not  entitled  to  use  article  bailed 4,  p.  2940,  §  17 18 

bailee  entitled  to  reimburiiement  for  services 4,  p.  2940,  §  1719 

joint  bailors  and  joint  bailees,  rights  and  liabilities  of.  .4,  p.  2942,  §  1720 
bailment  for  sole  benefit  of  bailee  is  the  gratuitous  loan  of  a 

chattel 4,  p.  2943,  g  1721 

gratuitous  loan  of  money  not  a  bailment 4,  p.  21)43,  §  1721 

borrower  liable  for  slight  neglect 4,  p.  2944,  §  1722 

not  liable  for  loss  or  damage  caused  by  inevitable  accident, 

vii  major,  fire,  public  enemy,  or  robbers  and  thieves, 

4,  p.  2945,  §  1723 
nor  for  ordinary  wear  and  tear  of  article  or  its  destruction 

by  natural  causes 4,  p.  2945,  §  1723 

may  enlarge  liia  liability  by  special  contract 4,  p.  2945,  §  1723 


6400 


BAILMENTS. 


Bailments— (Continued, ) 

leuder  must  allow  borrower  free  enjoyment  of  chattel,  .4,  p.  2945,  §  1724 

must  reimburse  him  for  expense  of  keeping  it 4,  p.  2945,  §  1724 

must  notify  him  of  defects  in  chattel  loaned 4,  p.  2045,  §  1724 

either  lender  or  borrower  may  sue  for  the  property. , .  .4,  p.  294G,  §  1724 
borrower  must  not  use  property  beyond  term  or  manner  of 

loan 4,  p.  2946,  §1725 

nor  allow  it  to  be  used  by  others 4,  p.  2946,  §  1725 

must  return  thing  (and  increase)  when  demanded. . .  .4,  p.  2946,  §  1725 

cannot  dispute  bailor's  title 4,  p.  2947,  §  1725 

bailee  entitled  to  use  thing  bailed 4,  p.  2948,  §  1725 

gratiiitnis  loan  terminable  at  pie  isure  of  bailor 4,  p.  2949,  §  1726 

if  loan  was  for  fixed  time,  lender  cannot  arbitrarily  termi- 
nate if  to  injury  of  borrower 4,  p.  2949,  §  1726 

chattel  loaned  for  a  definite  time,  borrower  should  return  it 

then,  and  lender  may  sue  without  demand 4,  p.  2940,  §  1728 

3.  Mutual  Benrjit  Bdilmcntx;  Hire  of  Labor,  Sprvices  or  Chattels. 
mutual  benelit  bailment;  hire  of  labor  and  services  on  jirop- 

erty 4,  p.  2950,  §  1727 

different  classes  of  these  bailments 4,  p.  2950,  §  1727 

Bubject-matter  must  be  a  chattel 4,  p.  2.)52,  §  1 .  2S 

property  must  be  in  existence 4,        ^!)53,  §  1 728 

there  must  be  a  reward 4,  ,      ^51,  §  1728 

there  must  be  a  mutual  assent 4,  p.  .  153,  §  1723 

bailee  liable  for  ordinary  negligence 4,  pp.  2955-29G1,  §  1729 

ordinary  care  required  of  agisters  liverj'  stable  keo[)er3, 
forwarders,  private  cari'iers,  safe  depositary,  wharf- 
inger, wareliouseman,  a  workman,  artisan,  or  artificer 

doing  work  or  services  on  proj^erty 4,  p.  2956,  §  1729 

bailees  for  hire  not  responsible  for  loss  by  fire,  or  by  act  of 
God,  or  inevitable  accident,  or  by  burglary,  robbery, 

or  theft,  or  a  public  enemy 4,  p.  2931,  §  1730 

bntai'iii^/"  when  their  negligence  contributes  to  the  loss. 4,  p.  2932,  §  1731 
li.ibility  of  warehousemen  and  wharfingers  in  general.  .4,  p.  2;iU.'i,  §  1732 

liability  of  public  millers 4,  p.  2!tG3,  §  17.32 

bailee  for  hire  may  bring  action  for  property 4,-  p.  2972,  §  1733 

even  against  assignee  of  bailor 4,  p.  2972,  §  1733 

action  will  lie  for  a  non-feasance  in  a  mutual-benefit  bail- 
ment by  failure  of  one  to  make  or  other  to  accept  the 

promised  bailment  delivery 4,  p.  2073,  §  1733 

right  of  bailee  to  ccinpensation  for  services 4,  p.  2973,  §  1734 

when  completion  of  services  is  interrupted 4,  p.  2J73,  §  1 735 

bailee     has     right   to    undisturbed     possession    of     thing 

bailed 4,  p.  2n"4,  §  1730 

bailee  is  not  bound  to  insure  property  in  his  hands 4,  p.  2975,  §  1730 

authorized  to  sell  live-stock  left  in  custody,  Vthose  owner  not 

found,  for  account  when  found 4,  p.  2975,  §  1730 


1725 


17.33 


BAILMENTS — BANKRUPTCY. 

Bailments— (Continued.) 

bailee  using  priii>crty  in  different  manner,  and  for  other  pur- 
poses  than  those  designated  in  contract,  guilty  of 
conversion 4^  p_ 

bailee   bound  to  deliver   the  property  to  bailor,  or  on  his 

order 4,  p. 

must  obey  directions  of  bailor 4,  p. 

■what  are  good  excuses  for  non-delivery 4,  p. 

bailee  cannot  dispute  bailor's  tide,  or  set  up  title  in 
another 4,  p. 

bailee  may  protect  himself  against  adverse  claims  by  bill 
of  interpleader , 4^  p. 

bank  is  mere  bailee  for  hire  of  special  deposit 2,  p. 

hiring  of  chattels  for  compensation  a  mutual  benefit  bail- 
ment   4,  p. 

proof  cf  loan  of  property  will  not  sustain  action  for  hire 

cOi.i-ot  of  hiring  need  not  be  in  writing 4,  p. 

hirer  liable  for  ordinary  neglect  whereby  thing  is  de- 
stroyed   4,  p. 

not  liable  for  loss  by  fire,  accident  or  via  major. 4,  p. 

liability  of  hirer  of  animals  for  injuries  to  them 4,  p. 

hirer  may  enlarge  his  liability  by  contract 4,  p. 

using  thing  beyond  terms  of  contract  makes  him  liable. 4,  p. 

hirer  cannot  transfer  chattel 4,  p. 

hirer  liable  for  injury  to  it  by  servant 4,  p. 

bailor  liable  for  letting  defective  thing 4,  p. 

if  owner  has  bailed  it  for  speeitied  time,  he  cannot  during  that 

time  maintain  trespnss  for  it 4,  p. 

at  expiration  of  time  for  which  thing  has  been  bailed,  owner 

may  sue 4,  p. 

80   if  bailee   violates  terms    of    bailment    by   his  use    of 

chattel , 4,  p, 

hirer  may  sue  for  chattel 4,  p. 

hirer  has  exclusive  right  to  pos.session  of  thing  during  the 

term 4,  p. 

bailment  may  be  terminated  how 4,  p. 

duty  of  hirer  to  restore  chattel 4,  p. 

duty  of  hirer  to  pay  compensation 4,  p. 

bailor  must  bear  expenses,  when 4,  p. 

liability  of  hirer  of  wagons  foi?  acts  of  driver 1,  p. 

hirer  of  team  furnishing  his  own  driver  liable  for  driver's 

acts 1,  p. 

Bank  Bills. 

See  Banks,  5,  6. 
Bankruptcy. 

See  Conflict  of  Laws;  Constitutional  Law,  8. 


6401 


2975, 

§1736 

2975, 

§1737 

2975, 

§1737 

2977, 

§  1737 

2976, 

§1737 

2976, 

§1737 

916, 

§  525 

2978,  §  1738 

2978, 

§1733 

2978, 

§1738 

2979, 

§1739 

2979, 

§1739 

2970, 

§1739 

2981, 

§1740 

298-', 

§1741 

208:^, 

§1742 

29S4, 

§  1743 

2985, 

§1744 

20SG, 

§1746 

29S6, 

§1746 

29SG, 

§1746 

2986, 

§1746 

2986, 

§1747 

29S-J, 

§1745 

2987, 

§1743 

21)87, 

§1749 

2D87, 

§1750 

51G, 

§  295 

512, 

§  294 

6402 


BANKRUrTCY — BANKS  AND  BANKING. 


Bankruptcy— (Continued.) 

jurisdiction  of  state  court  to  foreclose  a  mortgage  not  affected 
by  subsequent  commencement  of  bankruptcy  pro- 
ceedings against  owner  of  equity 6,  p. 

but  mortgagor's  discharge  in  bankruptcy  prevents  personal 
judgment  against  him  for  deficiency  on  foreclosure, 

6.  p. 

where  the  decree  is  against  property  only,  no  objection  that 
mortgagor  was  bankrupt 6,  j). 

bankruptcy  court  may  give  leave  to  mortgagee  to  institute 
proceedings  against  bankrupt  mortgagor  in  state 
court 6,  p. 

assignee  should  be  party  to  suit  instead  of  baukrui^t.  ...6,  p. 

Agreements  in  fraud  of  the  bankruptcy  laws  are  void. .  .5,  p. 

of  principal  dissolves  agency Ij  p. 

aliter  as  to  rights  which  do  not  pass  by  bankruptcy. .  1,  p. 
and  when  power  is  coupled  with  interest 1,  p. 

of  agent  dissolves  agency 1,  p. 

except  as  to  execution  of  mere  formal  acts 1,  p. 

of  master  dissolves  contract  of  service 1,  p. 

landlord's  estate  assigned  by  his  bankruptcy 6,  p. 

dissolution  of  partnership  by  bankruptcy  of  partner  or  his 
interest  being  taken  under  an  execution 2,  p. 

dissolution  of  attachment,  by  bankruptcy  of  defendant.  .7,  p. 

authority  of  bank  to  paj' check  revoked  by  bankruptcy  ..2,  i). 

bankruptcy  of  debtor  revokes  assignment 4,  p. 

action  for  breach  of  covenant  against  encumbrances  barred 
by  subsequent  discharge  in  bankruptcy  of  cove- 
nantor   5,  p. 

devise  of  the  income  from  property,  to  cease  on  insolvency 
or  bankruptcy  of  the  devisee,  good 6,  p. 

where  lessee  becomes  bankrupt  his  assignee  takes  leased 

premises  ns  part  of  estate 6,  p. 

Banks  and  Banking. 

lien  of  banker,  see  Liens,  2. 

1.  Powers  an'u  LtAuiLiTius  of  Banks  in  General. 

2.  Savings  B.^nks. 

3.  National  Banks. 

4.  OriiicERS  OF  Bank.s. 

5.  Deposit.'*,  Loans  and  Discounts. 

6.  Checks,  Ceutificates  of  Iiepisit,  BTank  Bills,  etc. 
1.  Powers  and  Liahililies  of  Banks  in  General. 

bank  and  banker  defined 2,  p. 

ditTerent  kinds  of  banks 2,  p. 

who  may  engage  in  banking 2,  p. 

state  may  regulate  and  restrain  banking  business 2,  p. 

may  inspect  affairs  of  bank  by  officers  appointed  by  it..  2,  p. 


4986, 

§3074 

4986, 

§3074 

4980,  §  3074 

4986, 

§3074 

4986, 

§3074 

4000, 

§2393 

66, 

§  48 

66, 

§   43 

66, 

§  48 

66, 

§  49 

66,  §  49 

494, 

§  284 

4653, 

§2849 

12tl, 

§  671 

5567, 

§3588 

9G3, 

§  537 

34U8, 

§2002 

3857, 

§2298 

4513, 

§2768 

4650, 

§2846 

85.5, 

§ 

509 

856, 

§ 

509 

857, 

§ 

510 

857, 

§ 

510 

857, 

§ 

610 

43 
43 
49 
49 
284 


BANKS  AND  BANKING. 

Banks  and  Banking— (Continued.) 

statute  making  directors  of  bank  responsible  for  debts  in 

case  of  insolvency  valid    2,  p. 

banking    powers    must  be   specially    granted  to  corjjora- 

t'on 2,  p. 

bank  charter  must  be  pleaded  and  proved 2,  p. 

carrying  on  unauthoriztd  banking  business  will  not  be  en- 
joined as  nuisance 2   p. 

bank  not  bound  to    receive  deposits,  may  choose  its  cus- 
tomers   2   p. 

securities  given  l)yunauthoriz-d  banking  company  void. 2,  j). 

bank  charter  as  contract  which  cannot  be  impaired 2,  p. 

when  charter  may  be  repealed  by  legislature 2,  p. 

powers  of  banks  are  those  granted  or  implied 2,  p. 

implied  power  of  bank  to  borrow  money 2,  p. 

to  api^oint  aj^eiits 2,  p. 

to  issue  evidences  of  debts  lawfully  made 2,  p. 

to  transfer  security  held  to  secure  debt 2,  p. 

to  loan  money  and  discount  notes  2,  p. 

deduct  interest  in  advance 2,  p. 

to  make  an  assignment  of  jiroperty  for  creditors 2,  p. 

to  sell  its  property;  to  transfer  by  indor.^emeut  or  delivery 

negotiable  notes 2,  p. 

to  take  and  liold  stock  and  bonds  as  collateral  security.  2,  p. 

powers  of  bank  as  to  branch  banks 2,  p, 

bank  may  establish  reasonable  banking  hours 2,  p. 

powers  not  implied  to  ))aiiks S,  pp.  SCO, 

powers  and  liabilities  of  bank  as  collecting  agent 2,  p. 

liabilities  for  negligence  of  agents  or  notaries  when 2,  p. 

bank  has  no  implied  power  to  bring  suit  on  paper  in  its  hands 

for  collection 2,  p. 

liability  of   bank  for  failure  of  attorney  to  recover  on  note 

in  its  hands  for  collection 2,  p. 

measure  of  damages  against  bank,  for  neglect  of  duty  in  un- 
dertaking to  collect,  is  actual  loss  sustained  by  party 

interested  in  the  paper 2,  p. 

on  failure  to  transfer  stock  at  request  of  pledg  !e,  bank  is  not 

liable  for  subsequent  depreciation  of  stock 1,  p. 

2.  SavbiQS  Bcnil's, 

savings  banks  defined " 2,  p. 

trustee  for  depositors,  and  subject  to  jurisdiction  of  courts 

over  trusts 2,  p. 

possess  usual  powers  and  duties  of  banks 2,  p. 

not  banks  of  issue  and  circula' ion,  and  capital  liable  to  be 

withdrawn  upon  notice 2,  p. 

whether  bank  a  savings  bank  depends  not  on  name  but  on 
functions 2,  p. 


6403 


857,  § 

510 

858,  § 

510 

85S,  § 

510 

858,  § 

510 

858,  § 

510 

858,  § 

510 

858,  § 

510 

&5S,  § 

510 

850,  § 

511 

850,  § 

511 

850,  § 

511 

S.-.0,  § 

511 

850,  § 

511 

850,  § 

511 

850,  § 

511 

850,  § 

511 

859,  § 

511 

850,  § 

511 

SCO,  § 

511 

SCO,  § 

511 

801,  § 

5!1 

805.  § 

512 

SCO,  § 

512 

870,  § 

512 

870,  § 

512 

S71.§ 

512 

775,  § 

4GG 

874,  § 

513 

875,  § 

513 

875,  § 

513 

875,  § 

513 

875,  § 

513 

6404  BANKS  AND  BANKING. 

Banks  and  Banking— (Continued.) 

has  no  authority  to  discount 2,  p.    876,  §    513 

cannot  aj>ply  stock  helonging  to  estate  of  one  deceased  in 

payment  of  his  indebtedness  to  bank 2,  p.    876,  §    513 

cannot  proh.bit  withdrawal  of  deposits  under  power  in  eliar- 

ter  to  regulate  such  right 2,  j),    876,  §    513 

has  no  lien  upcu  surplus  proceeds  of  sale  of  stock  held  aa 
collateral  for  payment  of  a  pronussory  note,  for  ji[cn- 
eral  balance  due  from  maker 2,  p.    876,  §    513 

general  creditors  of  have  no  superior  equity  to  depositurs  to 

payment  in  case  of  deficiency  of  assets 2,  p.    876,  §    513 

cannot  pay  as  dividend  to  stockholder  on  profits,  interest 
upon  loans  which  have  matured  but  not  col- 
lected  2,  p.    876,  §    613 

liability  for  making  payments  to  persons  presenting  deposi- 
tor's book 2,  p.    877,  §    614 

rule  thi'*-.  pass-book  must  be  produced  on  payment  of  de- 
posit reasonable 2,  p.    877,  §    614 

savings  bank  cannot  refuse  to  return  depositor's  money  be- 
cause he  deposited  it  in  name  of  somebody  else.  .2,  p.    878,  §    514 

possession  of  pass-book  by  stranger  no  evidence  of  right  to 

draw... 2,  p.    879,  §    514 

savings  bank  liable  in  assumpsit  for  refusal  to  repay  de- 
posit  2,  p.    879,  §    514 

insufficiency  of  funds  on  hand  no  excuse 2,  p.    879,  §    514 

deposit  in  savings  bank  by  person  as  trustee  for  another,  a 
complete  and  valid    transfer  of    the  title  to  fund 

2,  p.    879,  §   514 

depositor  in  insolvent  savings  bank  who  owes  it  for 
borrowed  money  cannot  set  ofl'  deposit  against  such 
debt 2,  p.    879,§    514 

temporary   suspension   of    payment  l.y   savings  bank   not 

cause  of  forfeiture 2,  p.    880,  §    514 

otherwise  as  to  a  fraudulent  suspension  of  payment 2,  p.    880,  §    514 

delivery    of     savings-bank     book     suilicicnt     delivery    of 

deposit 4,  p.  2995,  §  1754 

husband  cannot  maintain  action  against  savings  bank  for  its 
refusal  to  pay  him  money  which  he  (lei)osited  in  wife's 

name 2,  p.  1393,  §    753 

3.  National  Banks. 

what  and  how  created 2,  p.    881,  §    515 

states  cannot  exercise  control  over 2,  p.    882,  §    515 

mode  of  formation  of 2,  p.    882,  §    515 

powers  possessed  by  national  banks 2,  p.    SS.3,  §    516 

powers  not  possessed  by  national  banks 2,  p.    885,  §    516 

liability  of  national  bank  for  special  deposits 2,  p.    887,  §    517 

liability  of  national  bank  for  money  stolen 2,  p.    888,  §   517 


BANKS  AND  BANKING.  G405 

Banks  and  Banking— (Continued.) 

eli'ect   of,    on   lialjilitics,    reorganization   of    state   bank   as 

nationalbank 2,  p.    8SS,  §    517 

national   banks  may  sue  and  be  sued  iu  state  courts  of 

•domicile 2,  p.    8£8,  §    517 

actious  may  be  maintained  in  state  court  against  national 

bank  in  county,  other  than  where  establislitd. .  .2,  p.    888,  §    517 
national  banks  may  charge  rate  of  interest  lixcd  by  state 

^'*^« 3,  p.    8SD,§    518 

may  take  higher  rate,  if  state  banks  of  itsue  are  permitted 

by  laws  of  state  to  reserve  more 2,  p.    889,  §    518 

if  no  rate  of  interest  defined  by  laws  of  the  state  where 

located,  seven  per  cent,  allowed 2,  p.    889,  §    518 

rule  api  lies  to  loans  made  by  national  banks  to  corporation 
where  statute  of  the  state  forbids  corporation  to  inter- 
pose defense  of  usury 2,  p.    889,  §    518 

national  banks  bound  by  usury  laws  of  state 2,  p.  889  j»,  §    618 

penaltie:«     for     taking     usurious      interest    by    national 

^anks 2,  p.    889,§   518 

state  court  has  jurisdiction  of  action  against  national  bank 

to  recover  ptnalty  for  unlawful  interest 2,  p.  £90,  §    518 

courts  of  one  state  have  no  jurisdiction  of  such  action  against 

national  bank  located  in  another  state 2,  p.    890,  §    518 

bill  in  equity  will  not  lie  to  recover  usury  from  natit)nal 

^"■""^ S,p.    891,§    518 

national  bank  a  domestic,  not   a  foreign,    corporation,  and 

may  sue  as  such i,  p.    GI3,  §    346 

dissolution  and  wiiulin--up  of,  governed  by  statute 2,  p.     891,  §    519 

liability  of  successor  of  national  bank  for  deposits 2,  p.     8('2,  §    519 

powers  and  duties  of  receivers  of  national  banks 2,  p.    892,  §    520 

And  see  llECEiViiiw. 
4.  Officers  of  Banks. 

directors  have  general  management  of  aCFairs  of  bank . .  2,  p.    802,  §    520 
have   power    to   dckgate   to   prcsidtiit    i-owcr    to    bonow 

'""'ley 2,  p.    892,§    520 

delegate  to  connnittce  authority  to  mortgage  real  estate  of 

'^'■^"1' 2,  p.    89.%  §    520 

make  assignment  of  the  bank's  property  f.;r  creditors.  .2,  i>.    893,  §    520 
to  bind  bank  directors  must  act  as  board;  their  individual 

assent  inefTcctual 2,  p.    893,  §    520 

directors   of  a  bank   have  no  power  to  delegate  to  others 

power  to  make  discounts 2,  p.    893,  §    520 

make  gifts  from  property  of  the  bank,  or  use  funds  for  pur- 
poses foreign  to  objects  of  bank 2,  p.    893,  §    520 

to  waive  service  of  petition  praying  forfeiture  of  charter. 2,  p.    893,  §    520 

notice  to  directors  of  bank  is  notice  to  bank 2,  p.    893,  §    620 

compensation  of  directors  of  bank 2,  p.    891,  §   620 


GtL06 


BANKS  AND  CAKKINQ. 


Banks  and  Banking  -(Continued.) 

directors  of  bank  are  trustees  for  stockholders  and  depos- 
itors  2,  p.    895,  §    521 

personally  liable  for  losses  arising  from  neglect  or  miscon- 
duct  2,  p.    8S6,§    621 

not  for  errors  of  judgment  unless  act  was  so  grossly  wrong 

as  to  raise  presumption  of  fraud S,  p.    89G,  §    521 

must  use  ordinary  diligence  in  management  of  bank's  affairs 

and  in  understanding  its  resources  and  liabilities. 2,  p.    89u,  §  521 
suit  against  directors  for  negligent  management  of  bank  may 
be  in  name  of  bank  or  receiver  or  stockholder  or  de- 
positor  2,  p.    897,  §   521 

directors  liable  for  issuance  of  bank  bills  contrary  to  charter 

of  bank 2,  p.    897,  §    621 

for  declaring  and  payment  of  dividends  declared  but  not 

earned 2,  p.    897,  §    521 

for  fraudulent  sale  to  bank  of  its  own  stock 2,  p.    897,  §    521 

for  receiving  deposits  when  bank  is  insolvent 2,  p.    897,  §    521 

for  holding  bank  out  as  solvent  when  not  so 2,  p.    897,  §    621 

directors  not  liable  for  non-exercise  of  powers  discretion- 
ary  2,  p.    898.  §    521 

nor  for  the  dishonesty  or  negligence  of  the  cashier  or 

other  officers 2,  p.    898,  §    521 

nor  for  investments  which  turn  out  losses 2,  p.    608,  §    621 

nor  for  false  statenicnts  in  articles  of  association  inducing 

a  party  to  subscribe  to  stock 2,  p.    898,  §    621 

nor  for  violations  of  law  occurring  before  plaintiff  became 

stockholder 2,  p.    898,  §    521 

liability  of  director  for  publishing  statements 2,  p.    898,  g    521 

statutory  liability  of  directors 2,  p.    893,  §    621 

depositors  cannot  maintain  a  suit  in  equity  against  managers 

of  bank  without  joining  the  bank  itself 2,  p.    899,  §   521 

no   liability   attaches  unless  party  souyht  to  be  charged  as 
diri'ctor  has  accepted  office  or  held  himself  out  as 

such 2,  p.    899,  §    521 

not  essential  that  he  should  have  acted  as  director 2,  p.    899,  §    521 

not  liable  for  acts  of  predecessors  or  successors 2,  p.    899,  §    521 

no  defense  to  statutory  liability  to  show  judgment  of  for- 
feiture or  exi)iration  of  charter 2,  p.    899,  §    521 

president  of  bank,  powers  and  duties  of 2,  p.    900,  §    522 

liable  fo.  want  of  ordinary  care  in  discharge  of   duties 

2,  p.    903,  §    522 

personally  liable  where  bank  not  legally  organized. .  .2.  p.    9t);i,  §    522 

where  he  makes  debt  in  excess  of  charter  limit. . .  .2,  p.    903,  §    522 

where  he  directs  or  permits  overdrafts 2,  p.    903,  §    622 

where  he  allows  customer  to  take  securities  of  bank 
away  for  inspection 2,  p.    903,  §    622 


BANKS  AND  BANKINa. 


6407 


Banks  and  Banking— (Continued.) 

where  president  of  bank  is  member  of  firm,  bank  has  notice 

of  firm's  insolvency 2,  p. 

equity  will  not  grant  injunction  restraining  president  or  cash- 
ier of  bank  in  the  exercise  of  official  duties 2,  p. 

where  officer  of  bank  fraudulently  abstracts  funds  and  in- 
vests them  in  his  own  nam",  court  will  not  declare 
him  trustee,  and  indemnify  the  bank  out  of  invest- 
ment     2,  p. 

no  implied  promise  to  pay  president  of  bank  for  official  serv- 
ices, nor  can  he  recover  i)ay  upon  (piantum  meruit.  . , 

2,  p. 
president  of  bank  cannot  maintain  claim  forguaianteeiuL,'  its 

paper,  without  proof  of  exp'icit  contract :    2,  p. 

cashier  of  bank;  powers,  duties  and  autliority  of 2,  p. 

ordinary  acts  of  a  bank  cashier  are  presumed  to  have   bttn 

ratified  or  authorized 2,  p. 

evidence  of  his  appointment  unneccss-ary 2,  p. 

what  authority  not  implied  to  cashier 3,  p. 

liability  of  cashier  for  fraud  or  nc<,'lig(  nee 2,  !>. 

tellers,  powers,  duties  and  liabilities  of 2,  j.. 

clerks,  powers  and  duties  of 2,  p.  S7C,  §  513;  2,  p. 

usage  may  enlargo  or  prescribe  powers  of  bank  clerks.  .2,  p. 
directors  may  authorize  committee  to  convey  re^l  estate.  .1,  p. 

may  send,  draft  to  sub-agent  to  collect 1,  p. 

B,  Deposits,  Loans  and  Discoim's. 

general  and  special  deposits  defined  and  distingnished.  .2,  p. 
relation  of   banker   and   customer  that  of  debtor  and  credi- 
tor, and  not  trustee  and  cctitui  qun  fnust .2,  p. 

recovery  a<,ainst  banker  for  deposit  in  action  at  law 2,  p. 

demand  when  receiving  before  suit  against  lank  by  de- 
positor   , , 2 

deposit  in  bank  "as  trustee"  notice    of  the   chara  ter  of 

tleposit 2,  p.  915,  §  50.3;  2,  p. 

deposit  of  trust  money  generally 2   n. 

See  Tru.st.s  and  Tiiu.stees. 
money  deposited  to   one  account  cannot  be  transferred  to 

another 2   p. 

bank  cannot    transfer  deposit  to  payment  of    depositor's 

note 2,  p.  920,  §  o-2(j;  2,  p. 

altter  as  to  matured  note  held  by  bank 2.  p. 

agreement  by  bank  to  hold  deposit  of  one  jiarty  as  security 
for  the  overdrafts  of  anotiier  not  enforceable  by  the 

debtor  after  insolvency  of  bmk , 2,  p. 

baiils  which  has  been  designated  by  public  officer  as  deposi- 
tary of  public  moneys  acquires  no  light  to  custody 
from  mere  designation 2  p. 


003,  §    522 
903,  §    522 


903, 

§ 

522 

90.1, 

§ 

522 

001, 

§ 

522 

0U4, 

^ 

523 

005, 

§ 

523 

O'o, 

§ 

523 

907, 

§ 

523 

900, 

§ 

523 

911, 

§ 

524 

91-->, 

§ 

524 

912, 

§ 

524 

20, 

§ 

23 

20, 

§ 

23 

914,  §  523 

914,  §  525 

915,  §  525 

915,  §  525 

920,  §  527 

925,  §  527 


925,  §    527 

92.-,  §    527 
920,  §    526 


91G,  §    525 


916,  §    525 


6108  BANKS  AND  BANKING. 

Banks  and  Banking— (Continued.) 

bank  in  mere  bailee  for  hire  of  special  doposit 2,  p.    OIG,  §    625 

bank  is  liable  only  for  negligence,  and  if  deposit  be  gratuitous, 

for  gross  neyligenee 3,  p.    910,  §    525 

bank  not  liable  for  omission  to  protest  notes  deposited  with 

it  for  safe-keeping,  and  not  for  collection 2,  p.    OIG,  §    625 

demand  on  a  bank  for  bonds  received  by  it  as  a  special  de- 
posit, and  refusal  to  deliver  proof  of  loss  by  negli- 
gence  2,  p.    91G,§    625 

bank  entitled  to  written  order  to  pay  deposit  not  bound  to 

pay  over  money  on  oral  order 2,  p.    918,  §    526 

bank  not  chargeable  with  interest  on  sums  deposited  to 
credit  of  customers  to  be  drawn  against  by  check, 
until  payment  demanded 2,  p.    918,  §    526 

depositor  ordering  money  sent  by  mail  takes  risk  of  loss  on 

money 2,  p.    918,  §    526 

money  on  deposit  to  depositor  presumed  to  belong  to  depos- 
itor  2,  p.    918,  §    626 

bank  justified  in  paying  over  money  on  checks  of  depositor, 

until  notice  of  the  claims  of  a  third  person 2,  p.    919,  §   526 

bank  which  receives  a  deposit  to  apply  to  designated  debt 

cannot  apply  it  to  another  debt 2,  p.    919,  §   526 

bank  cannot  refuse  to  pay  depositor  on  the  ground  that 

money  belongs  to  third  party 2,  p.    919,  §    626 

bank  cannot  set  up  that  money  deposited  by  wife  is  property 

of  husband 2,  p.    919,  §    526 

ibank  has  right  to  open  account  with  married  woman ...  2,  p.    920,  §    526 

bank  may  interplead  conflicting  claimants  to  funds  on  de- 
posit  2,  p.    920,  §    526 

may  demand  indemnity  on  paying  over  deposit  when  there 

are  conflicting  claims 2,  p.    920,  §    526 

deposit  made  in  name  of  firm  must  not  bo  paid  to  individual 

2,  p.    921,  §   526 

rules  of  clearing  house > 2,  p.    921,  §   526 

one  depositing  funds  current  at  time,  may  insist  on  payment 
in  current  funds,  although  funds  deposited  have  in 
meantime  depreciated  or  become  worthless 2,  p.    921,  §    526 

one  who  deposits  bank  bills  as  depreciated  paper  cannot 

draw  for  par  funds 2,  p.    921,  §    526 

deposit  made  in  gold  may  be  paid  in  notes,  if  legal  ten- 
der      2,  p.    921,  §   526 

where  bank  discounts  customer's  note  in  case  of  insolvency, 
an  equitable  right  of  stoppage  in  transitu  may  be 
exercised  by  banker 2,  p.    921,  §   526 

X)ank,  on  establihhing  mistake,  may  recover  back  from  de- 
positor excess   drawn  out  tbiough  erroneous  entry, 

2,  p.    921,  §   526 


§  526 

§  626 

§  626 

§  626 

§  626 

§  626 


526 


BANKS  AND  BANKING.  G409 

Banks  and  Banking— (Continucfl.) 

publication  of  unulaiiiie  I  deposits  as  reqiiirerl  by  statute  a 

new  promise  under  satute  of  limitations 3,  p.    022,  §    526 

bank-book  is  property  of  depositor 2,  p.    9.'!0,  §    523 

not  a  ne;,'otiable  instrument 3,  p.    932,  §    528 

entry  in  bank-book  raises  presumption  that  bank  recei/ed 

the  amount 3,  p.    932,  §    523 

depositor  who  has  lost  bonk  cinnot   recover  deposit  from 

bank,  without  ofTerinr;  indemnity 3,  p.    932,  §    523 

payment  of  deposit  to  administrator  of  depositor  believed 

mistakenly  to  be  dead 3,  p.    D30,  §    523 

payrr'.snt  by  bank  to  person  having   possession  of    bank- 
book  3,  p.    931,  §   528 

effect  of  loss  of  bank-book 3,  p,    921,  §    503 

stipulation  between  bank  and  depositor  that  depsit  may  be 

paid  to  one  presenting  book  does  not  excuse  bank 

from  exercise  of  reasonable  care 3,  p.    031,  §    523 

depositor  not  bound  by  an  erroneous  entry;  remedy,  as  in 

ordinary  cases  of  mistake,  and  this  notwithstanding 

rule  of  bank  re([uiring  payments  to  be  examined  at 

time 3,  p.    931,  §    503 

dispute  between  depositor  and  bank  as  to  correctness  of 

entry  question  of  fact  for  the  jury 2,  p.    931,  §    523 

depositor  not  required  to  examine  bankbook  or  vouclicrs 

with  a  view  to  detection  of  forgeries  of  name 3.  p.    931,  §   523 

has  a  right  to  assume  that  bank  before  paying  checks  will 

•  ascertain  genuineness  of  signature 3,  p.    931,  §    253 

power  of  bank  to  loan  money  and  discount  notes 3,  p.    93-t,  §    C29 

agreement  by  president  that  indorser  will  not  be  bound 

not  binding 3,  p.    9^5,  §    529 

bank  bound  to  apply  deposits  of  maker  in  payment  of  liis 

note  or  indorser  is  discharged 2,  p.    935,  §    529 

where  borrower  has  opportunity  to  count  money,  burden  of 

proving  mistake  is  on  him 3,  p.    933,  §    529 

depositing  fun<l3  to  meet  note  at  bank  is  payment  thougli 

bank  fails 4,  p.  27S",  §  ICOG 

liability  of  guardian  for  money   deposited  in  bank  which 

f:*ils 3,  p.  157S,  §    S7G 

agent  not  liable  for  money  deposited  l)y  him  in  bank  whirh 

becomes  insolvent 1,  p.     131,  §      S7 

alller  when   he   deposits   principal's  money   in   his   own 

n-inie 1.  p.    151,5      91 

6.  Clieclcs,  Ca-ajicatts  of  Deposit,  Bauk  HilU,  etc. 

check  defined 2,  p.    O.lf),  §    r)3') 

check  imports  a  consideration 2,  p.    9?u,  §    533 

requisites  of  check 2,  p.    937,  §    53) 

formal  parts  of  check 2,  p.    93S,  §    53J 


6410 


BANKa  AND  BANKING, 


Banks  and  Banking— (Continued.) 

check  due  on  day  prcscntud • S,  p.    038,  § 

not  cntitk'd  to  dnys  of  grace 2,  p.    93b<,  § 

post-dated  clifck  jiaynlde  at  Ei;.lit  or  uixui  presentment  at 

liank  at  any  time  on  or  after  day  of  date 2,  p.    938,  § 

check  18  approjiriation  of  so  much  of  maker's  fumls  in  Iho 

Lank  as  is  necessary  to  meet  it 2,  p.    038,  § 

drawing  of  check  before  acceptance  not  an  assignment  of  do- 
posit 2,  p.    03r),  § 

acceptance  of  check,  how  evidenced 2,  p.    040,  § 

acceptance  discharges  drawer  and  makes  Laidi   princii'al 

debtor.... 2,  p.    940,  § 

certification  of  clicck  equivalent  to  acceptance 2,  p.    941,  § 

place  of  certification  immaterial 2,  p.    041 ,  § 

bank  liable  though  drawer  has  no  funds 2,  p.    041,  § 

verbal  promise  by  banker  to  pay  check 2,  p.    042,  § 

acceptance  of  check  a  question  of  fact 2,  p.    942,  § 

where  certification  of  check  is  made  by  mistake,  bank  may  ■ 

withdraw  it 2,  p.    042,  § 

certification  of  check  admits  signature  of  drawer,  but  does 
not   estop  bank   from  showing  forgery  in  body  of 

paper 2,  p.    943,  § 

check    must  be  presented  for  payment  within  reasonable 

time 2,  p.    044,  § 

where  drawer  and  drawee  live  in  the  same  place 2,  p.    044,  § 

where  drawer  and  drawee  live  in  different  places 2,  p.    04,'),  § 

drawer  not  discharged  by  failure  to  present  when. . ,  .2,  p.    045,  § 
payment   by  a  bank   of  post-dated  check  before  day  of 
date  is  payment  in  its  own  wrong,  and  no  defense  to 
action  for  amounts  by  assignee  in  good  f..ith. ...  2,  p.    04G,  § 
overdrafts  paid  by  bank  may  be  recovered  by  bank  from 

person  overdrawing 2,  p.    04G,  § 

rccn'ery  of  funds  paid  out  on  check  by  mistake 2,  p.    04G,  § 

duty  of  banker  to  honor  customer's  checks 2,  p.    049,  § 

action  lies  against  banker,  who,  having  funds,  refuses  know- 
ingly or  by  mistake  to  honor  customer's  check 2,  p.    050,  § 

depositor  may  dia'v  cheek  for  whole  or  part  of  deposit. 2,  p.    050,  § 
bank  directed  to  apply  deposit  to  paj'ment  of  note  of  depos- 
itor, and  neglecting,  is  liable  to  action  by  dejiositor.  2,  p.    050,  § 
direction  in  note  making  it  piyable  at  given  bank  equiva- 
lent to  request  to  bank  to  pay 2,  p.    950,  § 

direction  by  customer  not  to  peimit  his  account  to  be  over- 
drawn beyond  certain  amount  does  not  relieve  from 
liability  on  checks  drawn  beyond  that  amount.  ..2,  p.  950, 
money  deposited  in  bank  by  a  board  of  street  examiners 
superseded  by  a  new  board,  money  so  deposited  is 
subject  to  order  of  new  board 2,  p.    950, 


530 
530 

530 

530 

529 
531 

531 

5:u 

531 
531 
5:31 
531 

531 


613 

532 
532 
532 
632 


532 

532 
532 
533 

533 

533 

533 
533 


§   533 


533 


C33 
533 


BANKS  AND  BANKING.  6411 

Banks  and  Banking— (Continued.) 

where tkjKisit  is  uiado  by  jcr-on  juirporting  to  net  as  ngrnt 
for  disclosed  iiriiicij  al,  biud;  cannot  ussuniu  tiiat  lie  is 

fictitions  persion 2,  p.    9^0,  § 

checks  are  n<.t  pajah'e  in  oidir  of  jiriority  in  vliich  given, 

but  in  ordtr  of  inc-eiitaticn  forinynimt 2,  p.     9^0,  § 

permission  to  (-vcrdiaw  does  not  bind  a  baidi  to  honor  tin  ikf, 

but  is  revocable  at  will S,  p.     9ol,  § 

bank  has  no  liylitto  jiay  ccitificd  check  after  notice  of  eiiui- 

tic9 2,  p.    051,  § 

bank  not  bound  to  pay  check  %\liere  sum  is   not  stated  in 

body  of  instrument 2,  p,    951,  § 

payee  has  riyht  to  take   smaller  amount  than  nniount  to 

credit  of  drawer 2,  p.    951,  § 

depositor,  whose  check   is  dishonored  by  banker  eiitithd  to 

nominal  damages 2,  p.    951 ,  § 

but  if  a  trader  he  mi\y  recover  substantial  damages.  .2,  p.    9.")1,  § 

bank  not  obliged  to  make  i)art  payment  of  check 2,  p.    951,  § 

funds  must  be  paid  iu  reasonable  time  before  check  pre- 
sented   2,  p.    952,  § 

check  on  payment  becomes  property  of  drawer 2,  p.    952,  § 

banker  entitled  to  keei^  it  as  voucher  until  account  with 

customer  settled 2,  p.    952,  § 

no  oblioatioii  on  payee  of  cln  <.''    to  indorse  it  when  ))aid 

to  him 2,  p.    952,  § 

drawer  of  cheek  on  bank  where  he  has  no  funds  not  en- 
titled to  notice  of  non-pay ment 2,  p.    952,  § 

drawer  of  check  injured  by  want  of  notice  of  dishcmor 

only  exonerated  to  extent  of  injury 2,  p.    9,"2,  § 

bank  bound  to  know  signature  of  customer 2,  p.    953,  § 

bank  pays  forged  or  altered  check  at  its  peril 2,  p.    953,  § 

bank  not  bound  to  know  signatures  of  iiidorser 2,  p.    953,  § 

usages  as  to  identifying  signature  of  payee 2,  p.    954,  § 

bank   not  negligent  in  paying  telegraph   order  to  iierson 

identified  to  it  as  person  named 2,  p.    954,  § 

that  forged  check  came  through  clearing  house  no  de- 
fense  2,  p.    954,  § 

certificate  of  deposit  defined ^ 2,  p     9."i9,  § 

certificate  of  deposit  may  carry  interest 2,  p.    959,  § 

generally  payable  on  demand 2,  pp.  959-9(50,  § 

demand  necessary  before  action  can  be  brought  on. .  .2,  p.    900,  § 

is  a  negotiable  note 2,  p.    9G0  § 

putting  one's  name  on  back  of  certificate  of  dep(ll^it  makes 

him  a  guarantor 2,  p.    9C0,  § 

certificate  of  de,posit  assigned  after  suspensiim  of  bauk, 
valid  oflFset  in  favor  of  assignee  against  debt  owing 
by  him  to  former 2,  p.    961,  §    533 


533 

C33 
533 

533 

633 
533 

533 

533 

533 

533 

534 
534 
534 
534 

534 

534 

5.')5 

5:^5 

533 
533 
533 

535 


G'112 


BANKS  AND  BAXKINQ. 


Banks  and  Banking— (Continued.) 

autlidiity  of  l.ank  to  jny  clicdc  rrvoked  ]<y  notice. .  .2,  p.    CCS,  §    C37 
ftutliority  of   Imuk     to    pay    clicck     rcvokeil    by    lank- 

rxi'tt-y 2,1).    DCS,  §   C37 

authority  of  biiuk  to  jay  cliecli   rcvokctl  by  ileuth  of  cus- 
tomer   2,  p.    OfiS,  §    537 

lank  bills  (U-fincl 2,  p.    002,  §    538 

are  payable  on  doinand 2,  p.    9G2,  §    538 

arc  not  money 2,  p.    Of!2,  §    536 

are  negotiable 4,  p.  25Sr),  §  1454 

protest  of  not  noressary 4,  p.  2G70,  §  1526 

bills  issued  by  bank   under  uuconstitu'ional    law   void 

2,  p.    9f;3,  §    536 
etatututory  prohibitions  ngainst  issuing  bank  bills. .  .2,  p.    1103,  §    53G 

may  be  made  legal  tender 2,  p.    8G3,  §    536 

Lank  bound  to  take  its  own  bills  in  payment  of  debts 

duo  it 2,  p.    96.3,  §    536 

debtors  of  insolvent  bank  entitled  to  i)ay  bank  in  its  own 

notes 2,  p.    063,  §    538 

lank  must  pay  par  value  though  holder  took  them  below 

par 2,  p.  <)64,  §  536;  2,  p.    96G,  §    5;i6 

Lank  not  bound  to  receive   its  own  bills  from  another 

bank 2,  p.  904,  §  530;  2,  p.    9C6,  §    536 

when  new  bank  responsible  for  bills  of  old  bank 

2,  p.  904,  §  530,  2,  p.    906,  §    C30 
action  does  not  accrue  ou  bank  bills  until  demand  and 

rcfus.il 2,  p.  904,  §  5.3G;  2,  p.    906,  §    536 

no  necessity  for  demand  upon  each  separate  bill,  one  de- 
mand upon  package  of  bills  sullicient 

2,  p.  904,  §  n.-.G;  2,  p.    9G6,  §    536 
duty  of  bank  to  redeem  its  bills   witli    rcasonr.ble  dis- 
patch   2,  p.  904,  §  53G;  2,  p.    9C6,  §    536 

unreasonable  delay  amounts  to  refusal  of  payment 

2,  p.  9G4,  §  536;  2,  p.    fC6,  §    536 

paj'ing  in  small  coin  unreasonable  delay 2,  p.    905,  §    538 

bank  estopjied  by  receiving  its  forged  bills  to  deny  their 

validity 2,  p.    9^     S    '^ 

Lank  bound  to  pay  bills   stolen  from  it  and  in  hands  of 

bona  fide  hohler 2,  p.  j    538 

persons  receiving  spurious  bill  from  bank   may  recover 

amount  from  bank 2,  p.    yLiu,  §    5."  > 

liability  of  bank  receiving  forged  notes  on  deposit. , .  .2,  p.    900,  §    5od 
total  destruction  of  bank  note   clearly  established,  bank 

bound  to  pay  last  holder  or  owner  amount  of  it.  .2,  p.    9G5,  §    538 
where  holder  divides  it  for  transmission  by  mail,  and  loses 

one  half,  he  may  recover  amount  of  whole  note.  .2,  p.    90."),  §    536 
so  other  person  cuu  recover  ou  the  other  half 2,  p.    9G5,  §    536 


BANKS  AND  BANKINO— EENEriT  BOCIETIES.  G'llJ 

Banks  and  Banking    (rontiiiucd.) 

custom  of  Imiik  not  to  jiay  any  of  its  bills  voluntarily 
cut  in  two  Mithont   produttion  of  both   j arts,  or   to 

pay  l.ut  onc-linlf  face  value  of  lull-invaliil 3,  p,    9G5,  §    530 

bank  is  liable  for  bills    ..hicli  are  deatroyeJ,  after  being 

put  in  circnlntion,  by   fire 2,  p.    0G5,  §    636 

mutilation  of  bank  notes  by  lime,  aeciilcnt,  or  alterations 

of  numbers,  does  not  preclude  recovery 2,  p.    9C5,  §    BUG 

eavptf.  fmpt.tr  applies  to  purchaser  of  depreciated  bank  bills 

by  l)iinker  or  brt.ker 2,  p.    007,  §    5;?0 

holder  of  stolen  bank  bills  may  recover  from  bank 2,  p.    907,  §    fiSO 

where  piirty  exchanges  notes  of  broken  bank  for  those  of 
solvent  one,  loss  must  fall  on  him,  both  parties  bcin'» 

ignorant  of  failure 2,  p.    907,  §    530 

face  of  bank  bills  not  evidence  of  date  of  issue;  statute  of 

limitations  does  not  apply  to  them 2.  p.    907,  §    630 

no  action  will  lie  by  one  bank  against  another  for  collecting 
its  bills,  and  presenting  them  for  payment  in  harass- 
ing manner 2,  p.    907,  §    536 

Barratry. 

barratry,  what  is 5,  p.  3390,  §  2IGO 

Barter. 

implied  power  of  agent  to  barter 1,  p.    105,  §      G3 

Bastards. 

See  Parent  and  Ciiilt). 

infant  is  liable  to  bastardy  process 2,  p.  1520,  §    831 

Bawdy  house. 

e.juity  will  restrain  use  of  adjoining  house  as  bawdy-honse, 

6,  p.  4S30,  §  2901 

municipal  cr)rporp,tion  has  power  to  suppress 7,  p.  0255,  §  3J91 

Bees. 

bees,  property  in  and  rights  of  captor 3,  p.  2473,  §  1307 

Bells. 

bells,  when  a  nuisance Q,  p.  4875,  §  3000 

duty  of  railroad  to  give  warning  by  whistling  or  ringing  bull 

3,  p.  2077,  §  1183 
sexton  rofiising  to  stop  church  bell  for  usual  services  not 

liaMe  to  sick  person  in  adjacent  houser 3,  p.  1710,  §  1012 

Benefit  Societies. 

status  of  benefit  societies,  and  rights  and  liabilities  of  mera- 

l^°''8 5,  p.  30SO,  §  2151 

object  and  purpose  of 2,  p.  1078,  §  (01 

«*'*t"s  of 2,  p.  1078,  §  004 

powers  and  liabilities  of 2,  pp.  107S-10S1,  §  G04 

^y-^--^^^  of 2.  p.  lOSO,  §  004 

rights  of  members  of 2,  pp.  1031-10S7,  §  005 

liabilities  of  members 2,  p.  10S7,  §  606 

Lawson  U.  &  H.— 449. 


6414 


BENEFIT  SOCIETIES — BOARDS. 


§11G7 

§   7S7 

§    222 
§   222 


Benefit  Societies— (CoD;,iuued.) 

exjmlsion  of  members 3,  rP-  1088-1091,  §    007 

member  of  cannot  bo  expelled  without  notice  and  hearing 

2,  p.  1083,  §   007 
mandamus  lies  to  restore  member  of  benevolent  society  ille- 
gally suspended  from  membership S,  p.  1089,  §    C07 

rights  of  suspended  members 2,  p.  108l>,  §    007 

suspended  members  of  Odd  Fellows'  lodge  liable  for  dues 

accruing  after  euspensiou 2,  p.  1073,  §   5l)9 

Bequest. 

See  \ViM.s, 
Betterment  Laws. 

iSie  FlXTU141i3. 

Bicycle. 

is  a  "carriage" , «.... 3,  p.  2045, 

Bigamy. 

a  grounil  for  divorce 2,  p.  1442, 

Bill  Bro.^ers. 

defined 1,  pp  390  to  393, 

authority  of 1,  PP-  380  to  393, 

Bill  of  Exchange. 

See  Negotiable  Instruments.  ' 

Bill  of  Lading. 

See  Carrikrs,  2. 

not  negotiable  at  common  law 4,  p.  2531,  §  1449 

possession  of  not  evidence  of  ownershiji 4,  p.  258"2,  §  1449 

negotiable  in  some  states  by  statute 4,  p.  2582,  5  1449 

transfer  of  bill  of  lading  in  pledge  passes  j^ossession  of  prop- 

perty  described 4,  p.  2995,  §  1754 

Bills  of  Sale. 

title  to  ship  by  bills  of  sale 3,  p.  2548,  §  1420 

Birds. 

subject  of  property 3,  p.  2472,  §  1307 

Blacksmith  Shops. 

when  a  nuisance 6,  p.  4SG3,  §  29S7;  6,  p.  4870,  §  3001 

blasting. 

liability  for  injuries  caused  by  blasting  rocks 3,  p.  1988,  §  1147 

BUnd. 

persons  not  incapable  of  marrying 2,  p.  1297,  §    706 

blindness  does  not  constitute  incapacity  which  vitiates  will  4,  p.  5 144,  §  31  (JG 
Board. 

See  Mahter  and  Servant,  1. 

implied  power  of  agent  to  board  at  hotel 1,  p.    103,  §     C7 

Boarding-house. 

See  iNNKEEPiUlS. 

Boards. 

See  Trees. 


BONDS— BREWERIES.  (J415 

Bonds. 

See  Damvoecs;  StrnETVsnip  and  Guaraxty.     Municipal,  see 
Municipal  Corporations,  1. 

implieil  power  of  attorney  to  execute  bonds 1,  p.    286  §    17! 

what  are  and  are  not  material  alterations  in  bonds  which 

will  discliarge  instrument 5^  p_  41Q2  g  0475 

;  doovery  against  one  obligor  on  joint  bond,  without  satisf'ic-" 
tion,  no  bar  to  subsequent  action  a^^ainst  his  co-obligor 

.,     -rr  1  ,  ,       ,  ^'  P-  3975,  §  2383 

sheriff  may  demand  bond  of  indemnity  before  levyincr  on 

,      ,    P^^'ty--- 7,  p.  0024,  §  3825 

bonds  of  corporations,  public,  private  or  municipal,  u-go- 

seller  of  negotiable  bond  warrants  its  genuineness! !."  !.'.4'  p"  Oj's""  §  1451 

ordinary  county  orders  not  negotiable 4   p  2582*  §  i  i51 

nor  town  ^-arrants 4,' p!  2582,' §  ]451 

nor  warrants  on  state  treasury 4        o,-,s2   §  1451 

nor  order  on  treasurer  of  school  district ! ! !  .4,'  p.  2533'  §  1451 

nor  municipal  bond  payable  on  completion 4]  p.  25S3]  §  1451 

scrip  of  foreign  government  is  negotiable 4'  p.'  2585*  §  1454 

coupons  are  negotiable  even  when  detached 4'  p"  0534'  §  1452 

or  after  bond  has  been  paid 4^  p!  25S4,' §  1452 

Bone  Bomn;  Worr'  '''''  '"'  ^"''  '"°""^'^^ ^' ^^  '''''  §  '''^ 

^^^v.heuanui.ance 6,  p.  48G6.  §  2990 

See  Usury. 
Books. 

fair  criticisms  and  reviews  of  books  privileged 3  o  SIS'?  8  lo-u 

Booming  Companies.  'J,  p.  J185,  §  1234 

See  ^V'ATliR  AND  Water-courses,  4, 

common  carriers 4        „„„-  -  ,,. 

Borrow.  -a,  P.  3083,  §  1792 

implied  powers  of  corporations  to  jorrow  money  and  make 

..      /'^'; ;: I.P.    649.  §   383 

directors  of  corporations  may  authorize  president  to  borrow 

.      ,.   ;^^""^y-"; l.p.  683.§  408 

imp  led  power  of  agent  to  borrow 1    „  jg.^  g  67 

construction  of  "  borrow  "  in  authority  to  agent.'.'.".'.'.  ..l'  p'  fis'  §  61 

Bottomry.                                                                                   '  »  a  01 

8ee  Ships  and  Suippino. 
Boundaries. 

See  Dkeps;  Rkal  Propkrtv;  Water  and  Water- courses. 
Breach  of  Promise  of  Marriage. 

See  Husband  and  Wife,  1. 
Breweries. 

when  a  nuisance n  «   jonn.  »«»«. 

0,  p.  4870,  §3001 


6416 


BEICK  YARDS — BROEEES  AND  FACTORS. 


Brick  Yards. 

when  a  nuisance 6,  p.  4S63,  § 

Brie£3. 

power  of  attorney  to  order  briefs  printed 1,  p.    2SG,  § 

Bridges. 

See  Municipal  Corporations,  4;  Water  and  Watep. -courses,  4. 
Brokers  and  Factors. 

I.  Brokers. 

1.  Different  Clashes  of  Brokers. 

2.  Forcers  and  Authority  of  Brokers. 

3.  Duties  and  Liabilities  of  Brokers, 

4.  The  Broker's  Compensation, 

II.  Factors. 

1.  In  General 

2.  Powers  and  Authority  of  Fcctors. 

3.  Duties  and  Liabilities  of  Factors. 

1.  Brokers.     1.  Differerd  Classes  of  Brokers. 

broker  defined;  difierent  classes  of  and  authoritj' .  1 ,  pp.  .^89-  393,  § 

bill  brokers 1,  PP-  390-393,  § 

insurance  brokers 1,  pp.  390-393,  § 

merchandise  brokers  1,  pp.  390-393,  § 

note  brokers 1,  pp.  390  393;  § 

pawnbrokers 1,  PP-  390  393,  § 

real-estate  brokers 1,  pp.  390-393,  § 

ship  brokers 1,  pp.  390-3;)3,  § 

stock  brokers 1,  PP-  390-303,  § 

2.  Powers  a7id  Authority  of  Brokers. 

broker  has  implied  power  to  sign  bought  and  sold  notes  and 

bind  both  parties 1,  p.    393,  § 

to  sell  by  sample  or  with  warranty 1,  p,    393,  § 

to  bind  his  principal  to  any  price  at  which  he  buys  or 

sells 1,  p.    393,  § 

to  guai'antee  payment  of  a  security  sold 1,  p.    393,  § 

to  adjust  a  policy 1,  p.    393,  § 

to  pledge  stock  which  he  has  bought  for  his  principal  with 

money  a  ivanced  by  himself 1 ,  p.    393,  § 

authority  of  brokers  determined  by  custom  of  stock  ex- 
change  1,  p.    393,  § 

brokers'  authority  a  limited  one 1,  p.    39t),  § 

broker  has  no  implied  power  to  buy  and  sell  in  his  own 

name ^1,  p.    394,  § 

or  on  credit , 1,  p.    394,  § 

to  receive  payment,  unless  the  principal  has  clothed  hiai 

with  posse-  sion  or  apparent  title 1,  p.    394,  § 

to  delegate  his  authority 1,  p.    27,  §    27;  1,  p.    395,  § 

to  rescind  the  sale 1,  p.    27,  §    27;  1,  p.    395,  § 

to  submit  disputes  to  arbitration.  ...1,  p.    27,  §    27;  1,  p.    305,  § 


2986 
172 


222 
222 
222 

222 
222 
222 
222 
222 
222 


223 

223 

223 
223 
223 

223 

223 

225 

224 
224 

224 

224 
224 

2:;4 


224 

224 

224 
224 
224 


BROKERS  AND  FACTORS. 


6417 


27;  1,  p. 
27;  1,  p. 


395,  § 
395,  § 

397.  § 
397,  § 
397,  § 
397,  § 
397,  § 


399,  § 
399,  § 
399,  § 

399,  § 

400,  § 

400,  § 

401,  § 


224 
224 

225 
225 
225 
225 
225 

435 

226 
226 
226 

226 

226 

226 
226 
226 


Brokers  and  Factors— (Continued.) 

to  act  for  both  parties 1.  p.    27,  § 

to  sell  to  liimself 1,  p.    27,  § 

3.  Duties  and  Liabilities  of  Brohers. 

duty  to  obey  principal  s  orders 1,  p. 

rule  where  orders  are  ambiguous 1,  p. 

duty  to  keep  accounts 1,  p. 

not  liable  for  insurance  premium 1,  p. 

right  to  sell  stock  after  default 1,  p. 

broker  purchasing  stock  for  customer,  and  treating  it  as  his 

own,  may  be  hable  as  stockholder 1,  p.  725  n.,  § 

4.  The  Broker's  Compensation. 

is  entitled  to  usual  commissions  or  compensation 1,  p. 

but  must  show  employment 1»  p. 

and  that  his  character  was  known  to  the  parties 1,  p. 

not  entitled  to  commission  on  purchase  of  estate  until  con- 
tract made  or  title  transferred 1,  p. 

sufficient  that  sale  or  contract  was  made  through  his  efiForts 

though  owner  negotiates  it  himself , 1,  p, 

rights  to  commission  where  two  or  more  brokers  are  em- 
ployed  ■ 1,  p, 

entitled  to  comm  ssion  for  introducing  purchaser 1,  p. 

when  broker  not  entitled  to  commissions 1,  pp.  402-406,  § 

cases  in  which  broker's  claim  for  commissions  was  sustained, 

cases  in  which  broker's  claim  for  commissions  was  not  sus- 
tained  1,  p. 

attorney  who    is    also  broker  not    entitled  to  attorney's 

fees 1,  p. 

II.  Factors,     1.  In  General. 

factor  and  broker  distinguished 1,  p. 

del  credere  agent  defined 1,  p. 

absolutely  liable  to  principal  for  price  of  goods 1,  p. 

2.  Powers  and  Authority  of  Factors. 

factor  has  implied  authority  i.i  buy  and  sell  in  his  own 

name 1 ,  p. 

to  sell  on  credit 1,  p. 

to  give  warranty 1  ^  p. 

to  receive  payment 1,  p. 

to  insure  goods  of  principal 1,  p. 

to  sue  in  his  own  name 1,  p.  201,  §  124;  1,  p. 

no  implied  authority  to  barter  principal's  gdoda 1,  p. 

or  pledge  them 1,  p. 

or  delegate  his  authority 1,  p.  29,  §  28;  1,  p, 

or  receive  payment  except  in  usual  mode 1,  p. 

or  compound  or  discharge  debt 1 »  p. 

or  accept  or  indorse  bills  on  behalf  of  principal 1,  p.    422,  §    229 


406,  §    226 


409,  §    226 


3.30,  §    199 


414,  § 

227 

416,  § 

227 

416,  § 

227 

420,  § 

228 

421,  § 

228 

421,  § 

223 

421,  § 

228 

421,  § 

228 

421,  § 

228 

421,  § 

229 

421,  § 

229 

421.  § 

229 

422,  § 

229 

422,  § 

229 

6418        BROKERS  AND  FACTORS — BUILDING  ASSOCIATIONS. 

Srokers  and  Factors— (Continued.) 

or  exteurl  the  credit 1,  p.    422,  § 

or  submit  dispute  to  arbitration 1,  p.    422,  § 

payment  to  principal  good  as  against  factor 1,  p.    422,  § 

9L  Duties  and  LiabilUiea  of  Factors. 

Factor  must  obey  principal's  instructions 1,  p.    422,  § 

when  he  has  discretion,  not  liable  for   error  of  judg- 
ment   1,  p.    423,  § 

may  disregard  instructions  in  case  of  emergency 1,  p.    426,  § 

factor  who  has  made  advances  on  goods  may  sell  them  be- 
low price  limited,  if  consignor  has  refused  to  repay 

advances 1.  p.    424,  § 

principal  cannot  revoke  authority  after  advances  have  been 

made  on  proofs 1.  p.    423,  § 

factor  must  use  diligence  to  ascertain  purchaser's  solv- 
ency   1,  p.    427,  § 

must  sell  within  reasonable  time  where  no  limit  has  been 

set 1 ,  p.    427,  § 

bound  to  account 1,  p.    427,  § 

to  remit  to  principal  when  instructed  to  do  so 1,  p.    427,  § 

bound  to  sell  at  best  price 1,  p.    427,  § 

use  the  best  diligence  generally 1,  p.    427,  § 

must  act  in  good  faith  towards  his  principal 1,  p.    427,  § 

cannot  become  the  purchaser  of  his  principal's  goods  for 

himself 1,  p.    427,  § 

or  act  as  agent  for  both  seller  and  buyer 1,  p.    427,  § 

factor  governed  by  usages  of  the  trade 1,  p.    428,  § 

factor  guilty  of  negligence  cannot  recover  commission  or 

compensation 1,  p.    428,  § 

factor  who  takes  notes  in  his  own  name,  and  uses  them 

liable  to  principal  if  purchaser  becomes  insolvent.  1,  p.    429,  § 

factor  cannot  dispute  principal's  title 1,  p.    429,  § 

not  bound  to  insure  unless  so  instructed 1,  p.    429,  § 

Buffalo. 

See  Animals. 
Biiilding  and  Loan  Associations. 

objects  and  scheme  of 2,  p.  10.14,  § 

representations  in  circulars  of  as  to  profits  of 2,  p.  10,15,  § 

powers  of 2,  pp.  10.'i5-10.'i7,  § 

to  borrow  money 2,  p.  1036,  § 

to  invest  its  funds  in  real  estate 2,  p.  10.S6,  § 

to  take  mortgages  as  security 2,  j).  1036,  § 

to  assign  a  mortgage  in  payment  of  or  as  security  for 

a  debt 2,  p.  1036,  § 

to  redeem  its  shares 2,  p.  1036,  § 

to  make  a  promissory  note 2,  p.  1036,  § 

to  insure  property  taken  as  security 2,  p.  1036,  § 


229 
229 
229 

230 

230 
230 


230 
230 

2:;o 

230 
230 
230 
230 
230 

230 
230 
230 

230 

230 
230 
230 


5S0 
580 
581 
581 
581 
581 

581 
581 
581 
581 


BUILDING  AND  LOAN  ASSOCIATIONS— BURIAL. 


6419 


230 


Building  and  Loan  Association3-(Continued.) 

to  compfomisie  with  a  member 2,  p.  103G,  §    581 

to  make  by-laws 3   p.  2036,'  §    5S2 

aasociation  has  no  power  to  agree  to  sell  member  additional 

"^''^'•63 2,  p.  103G,  §    5S1 

to  refuae  to  loan  funds  to  membera 2,  p.  103G,  §    581 

to     prevent      loan    to    member     who     bids    highest 

P'"''"*'"™ 2,  p.  103G,  §    581 

to  divide  or  distribute  its  funds  among  its  members 

2,  p.  1030,  §  581 

nor  to  traffic  in  shares  of  its  own  stock 2,  p.  1030,  §  581 

powers,  duties  and  liabilities  of  (.fliccrs 2,  p.  1037,  §  583 

liability  of  treasurer  of  building  society  f.ir  money  stulpn 

^•■0™  him 2,  p.  1038,  3  583 

membership  how  acquired,  who  may  be  members 2,  p,  1038,  §  584 

mandamus  will  not  lie  against   building  association  refusing 

to  transfer  member's  stock 2,  p.  1039,  §  684 

liabilities  of  members 2,  p.  1040,*  §  584 

payment  of  dues,  liability  of  members  for 2,  p.  1041,  §  583 

fines  and  forfeitures,  right  of  association  to  enforce 

2,  pp.  1 04 1- 1043,  §  586 

loans  are  made  by  selling  money  at  anction 2,  p.  1043,  §  587 

premiums  on 2,  p.  1043,  §587;  2,  p.  1049,  §  589 

powers  of  association  as  to 2,  pp.  1043-1045,  §  587 

security  for  the  loan,  mortgages 2,  pp.  1045,  1048,  §  583 

interest  on  loans 2.  pp.  1048-1050,  §  589 

usury,  liability  of  association  for 2,  pp.  1049-1050,  §  589 

application  of  dues  to  payment  of  mortgage. .  .2,  pp.  1051,  1052,  §  590 
foreulosura     of     mortgage,     ascertainment     of     amount 

<i"« '"J,  pp.  1052-1055,  §    591 

withdrawal  of  members,  liability  of  after  withdrawal 

2.  pp.  1055- 10 J8,  §    592 
dissolution  of,  and  winding  up 2,  pp.  105S-10GO,  §    693 

Buildings. 

See  also  Fixtures;  Real  PRorERTV. 

buildings  are  chattels  personal  when 3^  p.  2437   §  1344 

Hurden  of  Proof. 
See  Evidence,  2. 

Burglary. 

See  Innkeepef^. 

Burial. 

corpse  not  subject  of  property 3,  p.  2432  §  1.343 

replevin  cannot  be  maintained  for  corpse 3,  p.  2432,  §  1343 

duty  devolves  on  executor  to  bury  him  in  a  manner  suitable 

to  estate  and  means 3,  p.  2432  §  1343 

executor  should  obey  the  expressed  reasonable  wishes  of  the 

testator  as  to  disposition  of  remains .3,  p.  2433,  §  1343 


6420 


BURIAL— CANALS. 


Burial— (Continued.) 

wishes  of  surviving  husband  or  widow  control,  as  against 

next  of  kin. ./ , 3,  p.  2132,  §  1343 

husband  has  right  to  change  burial  phvce  of  wife 3,  p.  2432,  §  1343 

action  lies  against  physician  f.ir  perforn  "ng  i)ost  mortem  in 

careless  and  inhuman  manner 3,  p.  2433,  §  1343 

rights  in  cemetery  lot;  power  of  authorities  to  order  re- 
moval of  cemetery 3,  p.  2433,  §  1343 

mortgage  of  lot  in  lemetery  is  void 3,  p.  2434,  §  1343 

cemetery  or  graveyard  cannot  bo  sold  for  taxes  for  improve- 
ments of  adjacent  streets 3,  p.  2434,  §  1343 

authorities   will  not  be  permitted  to  run  street  through 

cemetery  without  express  authority 3,  p.  2434,  §  1343 

anreasouable  regulations  of  cemetery  as  to  burials  aval  keep- 
ing of  lota  void 3,  pp.  2434,  '2436,  §  1343 

action  lies  by  lot  holder  against  cemetery  for  permitting 

burial  of  stranger  in  his  lot. . .  .3,  pp.  2435,  §  1343,  and  see  p.  2436 

purchaser  of  land  on  which  is  located  burial-ground  may  be 
enjoined  from  removiug  bodies,  against  wishes  of 
those  interested 3,  p.  2435,  §  1343 

one  who  erects  gravestones  to  memory  of  another  may  main- 
tain action  for  injury  done  to  them 3,  p.  2435,  §  1343 

action  will  not  lie  for  excluding  man  from  wife's  funeral  upon 

premises  of  defendant , 3,  p.  1714,  §  1012 

a  hackman  has  right  to  use  force  to  i)revent  another  from 
occupying  a  position  in  funeral  procession  to  whicli  he 
has  been  assigned 3,  p.  1815,  §  1056 

license  from  mother  to  son  to  open  family  tomb  to  deposit 

corpse  of  deceased  son 5,  p.  4.^5i,  §  2G70 

ordinances  regulating  burials  and  cemeteries  v.ilil 7,  p.  G2d2,  §  3289 

husband  who  has  buried  wife  in  public  burial-f^round  not 
liable  for  rem  iving  a  grave-stone,  placed  at  grave  by 
mother,  for  purpose  of  substituting  another 2,  p.  14''0,  §    764 

liability  of  husband  for  funeral  expenses  of  wife 2,  p.  1399,  §    764 

duty  of  burial  is  upon  executor,  and  he  is  liable  to  person 

who  incurs  such  expense 2,  p.  IG4S,  §    923 

Business. 

what  is  "  in  the  usu  il  course  of  business  " 4,  p.  2757,  §  1586 

construction  of  "  business  and  financial  a^ent "  in  authority 

to  agent 1,  p.      88,  §     61 

By-Laws. 

See  ConpoRATioNS,  6;  MaNiciPAL  Corporations,  3. 
Cab  Drivers. 

8ee  Hackmes'. 
Canals. 

canal  commissioners  cannot  delegate  authority 1,  p.      27,  §      27 

canal-boats  are  common  carriers 4,  p.  3080,  §  1792 


: 


CANCELLATION  OF  INSTRUMENTS — CAB1UER3.  6121 

CancelLition  of  Instruments. 

eiiuity  Mill  coiiipel  surrender  or  cancellation  of  deeds  or 
othur  iiistiumeuta  olitained  l)y  niistake.or  fniiul,  or 
hehl  for  frauduleut,  iuequitaLle,  and  uuconsoionahle 
I'H'l'oses 5,  p.  3874,  § 2305 

ecjuity    will     set     aiido    or   cancel   voidable     instninieuts 

'^vhen 5,  p.  3S75,  §  2305 

equity   will  set  aside  or  cancel  void    instiumeuts  v  lien 

5,  p.  3875,  §  2305 

grantee,  by  destroying  his  own  deed,  does  not  revest  title  in 

grantor 5,  p.  3875,  §  2305 

implied  power  of  agent  to  cancel ; 1,  p.     103,  §      67 

Captain. 

slanders  on  captain  of  vessel,  when  actionable 3,  p.  2243,  §  1253 

Capture. 

See  Insurance,  £. 
Carriages. 

See  Highways;  Negligence. 

bicycle  is  a  "carriage" 3,  p.  2045,  §  I1C7 

Carriers. 

Lien  of,  see  Liens,  2. 

Delivery  by,  see  Contracts,  8. 

See  Constitutional  Law,  9, 

1.  Cakriehs  of  Goods. 

2.  Contracts  Limiting  Liability. 

(a)  Goods. 

(b)  Passengers. 

3.  Connecting  Carriers, 

(a)  Of  goods. 

(b)  Of  iMsseugers. 

4.  Carriers  of  PAssENOERg. 

(a)  Duty  to  Carry  and  Who  are  Passengers. 

(b)  Railroad  Tickets  and  Rijhts  in  Transit. 

(c)  Contributory  2iegligcnce  qf  Passenger.    See  Contributory  Xesli- 

gence. 

5.  Sleeping-Car  Companies, 

6.  STAGEi. 

7.  Street  Cars. 

8.  Ships  and  Vessels. 

9.  Baggage. 

L  Carriers  of  Goods. 

common  carrier  defined 4,  p.  3076,  §  1789 

private  carrier  defined 4,  p.  3077,  §  1789 

common  carrier  is  common  carrier  only  as  to  such  kinds  of 

goods  as  he  undertakes  to  carry  for  hire ....... .4,  p.  3C78,  §  1789 

carrier  may  by  usage  and  custom  hold  himself  out  as  under- 
taking to  carry  other  things  than  goods 4,  p.  3078,  §  17S9 


6422 


CABBIEKS. 


Carriers  —(Continued. ) 

common  carrier  ia  subject  to  public  regulation  and  con- 
trol   , 4,  p.  3079,  §  1790 

carriage  must  be  for  hire;  gratuitous  carrier  not  a  common 

carrier 4,  p.  3079,  §  1791 

the  following  are  common  carriers; 

canal  boats 4,  p.  3080,  § 

express-men  and  ex])ress  companies 4,  p.  30SO,  § 

transportation  companies 4,  p,  3080,  § 

ferrymen 4,  p.  3081,  § 

hackmen  and  cab-drivers 4,  p.  3082,  § 

horse  railroads 4,  p.  3082,  § 

omnibus  lines 4,  p.  3082,  § 

ships 4,  p.  3082,  § 

railroads ' 4,  p.  30S3,  § 

stage  coaches 4,  p.  3083,  § 

teamsters 4,  p.  3083,  § 

wagoners 4,  p.  3083,  § 

irrigating  com[)anie3 4,  p.  3083,  § 

the  following  are  not  ciminKm  carriers: 

telegraph  company 4,  p.  3090,  §  179G;  4,  p.  3330,  § 

tow-boats 4,  p.  3083, 

log-driving  company 4,  p.  3083, 

booming  company 4,  p.  3083, 

mail  carrier 4,  p.  3083, 

sleeping-car  companies 4,  p.  3086, 

carriers  of  animals,  status  of 4,  p.  3083, 

liability  of  carriers  of  animals 4,  p.  3i  8 1, 

carrier  is  bound  to  carry  for  all 4,  p.  3000, 

railroad  is  bound  to  receive  freight-cars  of  other  railroads 

for  transportation 4,  p.  3090,  §  1797 

is  not  obliged  to   furnish  express  facili'ies  to  an  express 
company  beyond  such  facilities  as  it  must  furnish  to 

shippers  generally 4,  p.  3000,  §  1797 

unconstitutional  statute  no  defense  to  action  against  carrier 

for  refusing  to  carry 4,  p.  3090,  §  1 797 

carrier  may   bo   compelled   by  viandamus  to  carry  goods 

ofifered  to  it 4,  p.  3091,  §  1797 

carrier  cannot  give  preferences   or    discriminate   between 

shippers 4,  p.  3092,  §  1797 

carrier  may  refuse  to  carry  in  following  seven  cases: 

payment  in  advance  refused 4,  p.  309G,  §  1798 

nature  of  goods  and  place  of  destination  outside  carrier's 

business  or  route 4,  p.  3097,  §  1799 

goods  tenderedaway  from  office  orafter  business  hours. 4,  p.  3097,  §  18  0 

goods  exposed  to  violence 4,  p.  3097,  §  ISOl 

suspicious  packages 4,  p.  3097,  §  1802 


1792 
1792 
1792 
1792 
1792 
1792 
1792 
1792 
1792 
1792 
1792 
1792 
1792 


§1955 
§1792 
§1792 
§1792 
§1792 
§1795 
§  1703 
§  1793 
§  1797 


OASRIEnS. 


&i23 


i 


Carriers— (Continned. ) 

property  not  properly  packed 4,  p.  3097,  §  1 803 

goods  beyond  his  means  or  facilities 4,  p.  3098,  §  1S04 

responsibility  of  carrier  commences  on  delivery 4,  p.  30flS,  §  1803 

what  is  or  is  not  a  good  delivery 4,  p.  3(198,  §  1805 

delivery  according  to  usage  of  busin^'sa  binds  carrier.  ..4,  p.  3100,  §  1803 

may  be  to  carrier's  agent 4,  p.  3101,  §  1805 

no  delivery  where  owner  retains  control  of  goods 4,  p.  3101,  §  1806 

delivery  must  be  for  immediate  carriage 4,  p.  3I0"J,  §  1S07 

place  (i  delivery,  where 4.  p.  310-_',  §  1803 

carrier  is  an  insurer  of  goods  received 4,  i>   3103,  §  1809 

but  is  not  insurer  of  time  of  delivery 4,  p.  3104,  §  1809 

six  excrptiiins  to  carrier's  liability  as  insurer,  viz: 

losses  caused  by  the  act  of  God 4,  p.  3104,  §  1809 

losses  caused  by  the  public  enemy 4,  p.  3104,  §  1809 

losses  caused  by  the  inherent  defect,  quality,  or  vice  of 

the  thing  carried 4,  p.  3104,  §  1809 

losses  caused  by  the  seizure  of  goods  or  chattels  in  his 

hands  under  legal  pro;  ess 4,  p.  3104,  §  1809 

losses  caused  by  some  act  or  omission  of  the  owner  of 

the  goods 4,  p.  3104,  §  1S09 

losses  caused  by  fraud  of  the  owner 4,  p.  31 14,  §  1816 

carrier  may  require  value  of  goods  to  be  stated 4,  p.  31 13,  §  1815 

carrier  may  not  open  package  to  ascertain  value  or  contents 

4,  p.  3113,  S  1S15 

carrier  is  liable  for  delay  in  delivering  goods 4,  p.  31  Ki,  §  1817 

carrier  is  liable  for  "act  of  God"  aftir  negligent  delay. 4,  p.  3118,  §  1817 

effect  of  delay  on  contracts  limiting  liability 4,  p.  3120,  §  1S18 

carrier  is  liable  for  deviation  without  necessity 4,  p.  31-2,  §  1819 

effect  of  deviation  on  contracts  limiting  liability 4,  p.  3123,  §  1820 

duty  of  carrier  as  to  stowage  of  goods 4.  p.  3125,  §  1821 

duty  of  carrier  to  follow  shipper's  instruction 4,  p.  312G,  §  1822 

agreements  to  deliver  Avithiu  si)>cilied  time 4,  p.  3127,  §  1823 

duty  of  carrier  as  to  care  of  goods  during  transit 4,  p.  3129,  g  182-4 

presumption  of  negligence  from  failure  of  carrier  to  deliver 

safely 4,  p.  3130,  §  1825 

delivery  by  carrier — personal  delivery,  when  re<piiied..4,  p.  3130,  §  1S26 

delivery  by  carriers  by  water 4,  p.  3132,  §  1827 

delivery  by  railroads 4,  p.  3134,  §  1823 

delivery  by  express  companies 4,  p.  3138,  ^  1829 

delivery  to  wrong  person 4,  j).  3141,  §  1830 

where  consignee  does  not  receive,  carrier  holds  goods  as 

warehouseman 4,  p.  3146,  §  1831 

duty  of  carrier  to  notify  consignor 4.  p.  3149,  §  1832 

right  of  consignee  to  inspect  goods  before  delivery 4,  p.  3149,  §  1833 

carrier,  has  right  of  action  for  injury  to  goods  while  in  his 

possession 4,  p.  3150,  §  1834 


G424 


CAlliaEllS. 


Carriers—  (Continund. ) 

can  only  aull  yoo<l3  in  cases  of  nocoasity 4,  p.  315'',  §  1835 

right  to  sell  gonda  for  cliarycs 4,  p.  31.50,  S  1  ^35 

muiit  use  dili^enco  in  obtaining  knuwlodgu  uf  valnu  of 

contonta  of  imkiigo 4.  p.  3151,  §  1835 

authority  of  carrier  to  Sfll  gooila  may  arise  by  usage  4,  p.  3151,  S  1635 
ia  entitled  to  freight  only  for  goodaaetnaliy  delivered,  and 

at  the  plat-e  agreed  up(/n 4,  p.  3152,  §  1836 

if  goods  are  delivered  even  in   worthleaa  state,  he  is  en- 
titled to  freight 4,  p.  3152,  §  183G 

ia  entitled  to  pro  rata  freight,  where   owner  is  willing  to 
reueive  them  at  a  place  short  of  that  where  lie  agreed 

to  carry  them 4,  p.  3152,  §  1836 

right     of     shipper    to    receive     back     exce.ssive     freight 

charges 4,  p.  3154,  §  1836 

carrier's  charges  where  not  fixed  by  agreement  are    regu- 
lated by  custom 4,  p.  3154,  §  1836 

consignee,  by  acceptinj?  goods,   becomes  prima  faw  liable 

for  freight 4,  p.  3155,  §  1837 

alittr  simply  the  agent  of  the  owner 4,  p.  3155,  §  1837 

party    receiving    goods    in    all    eases    responsible    for  the 

freight 4,  p.  3155,  §  1837 

ahi^iper  may  show  that  carrier  agreed  to  collect  freight  from 

third  person 4,  p.  3155,  §  1837 

right  of  consignor  and  consignee  respectively  to  sue  for 

injury  to  gooda  in  hands  of  carrier 4,  p.  3156,  §  1838 

power  of  agent  of  carrier  to  make  contracts 1,  p.     1 K),  §      75 

general  freight  agent !>  p.     116,  §      75 

agent  of  express 1,  p.    116,  §      75 

persons  shipping  dangerous  goods  by  carrier  liable  for  injury 

caused  by  them 3,  p.  1977,  §  1143 

carrier    not    lialjle    without     notice    of    their    dangeroua 

qualities 3,  p.  1977,  §  1143 

delivery  of  goods  to   carrier  appointed   by  buyer  not  a  de- 
livery, or  a  receipt  within  statute  of  frauds 5,  p.  3919,  §  2332 

2.  Contracts  Liiuilhuj  Liah'dity.     (a)  Goods. 

power  of  carrier  to  limit  his  liability 4,  p.  3157,  §  1S39 

the  American  rule 4,  p.  315S,  §  1840 

rule  in  Pennsylvania  and  South  Carolina 4,  p.  315!),  §  1841 

rule  in  New  York 4,  p.  3161,  §  1842 

special  consideration  necessary  to  support  restrictive  con- 
tract of  common  carrier 4,  p.  31G3,  §  1843 

notices  as  to  value  and  quality  of  goods 4,  p.  3164,  §  1S44 

notices  by  advertisements  and  placard 4,  p.  3168,  §  1845 

conditionsinnoticedonot  bind  shipper  until  assented  to. 4,  p.  3169,  §  1846 
presumption  of  assent  to  conditions  in  notice  relating  to  re- 
liability of  carrier 4,  p.  3169,  §  1847 


CARRIERS.  C425 

Corriers— (Continued. ) 

notices  in  billa  of  lading  and  reccipti 4,  p.  3170,  §  1S48 

notices  in  railroad  tickets 4,  p.  317;},  §  KS49 

cases  wiiere  assent  of  sliipper  was  inferred 4,  p.  3171,  §  IS49 

cases  where  assent  of  sliipper  was  not  inferred 4,  p.  3173,  §  ISuO 

contract  limiting  liability  may  be  by  word  of  mouth.  ..4,  p.  3174,  §  IS'l 

bill  of  ladinjj  detincd 4,  p.  3174,  §  1:51 

iu  a  variance  between  bills  of  lading,  terms  of  one  given  to 

shipper  control 4,  p.  3175,  §  1851 

bill  of  lading  cannot  be  contradicted  by  parol  evidence. 4,  p.  3175,  §  1852 
parol  evidence  admissible  to  show  tiiat  pnpcr  was  never  ac- 
cepted as  contract  between  parties 4,  p.  31 70,  §  IS.'iS 

collateral  agreement  may  be  shown  by  parol 4,  p.  31 71;,  §  is,j3 

BO  shipper  may  show  fraud,  mistake  or  duress 4,  p.  3170,  §  1853 

bill  of  lading,  being  b.th  a  receiiit  and  a  contract,  may  be, 

as  to  former,  varied  by  parol 4,  p.  3I7G,  §  1853 

after  receipt  of  goods,  contract   cannot  be  altered  by  sul).se- 

quent  delivery  of  contract  iimiting  liability 4,  p.  3177,  §  1854 

conditions  in  carrier's  contracts  limiting  time  -within  which 
claim  for  loss  or  damage  must  be  presented,  valid  if 

reasonable 4_  p.  3173,  §  1355 

illustration  of  conditions  of  tliis  kind  held  reasonable  and 

unreasonable  respectively 4,  p..  3173,  §  1S55 

regulation  that  before  consignee  can  obtain  his  wheat  from 
company's  bins  he  shall  receipt  for  quantity  unrea- 
sonable   4,  p.  3IS0,  §  1S5G 

conditions  in  contracts  for  carriage  of  live-stock  held  reason- 

a'^le 4,  p.  3181,  §  1857 

exceptions  to  carrier's  liability  in  contracts  are  strictly  con- 
strued against  carrier 4,  p.  3152,  §  1853 

general  words  of  exemption,  when  used  ;ifter  specification  of 
particular  exemptions  and  risks,  will  be  i)re3umed  to 
include  only  those  of  similar  character,  unless  dilLr- 

cnt  intent  appear 4,  p.  3152,  §  1S53 

receipt  given  by  carrier  must  be  taken  altogether;  one  pjut 

cannot  be  separated  from  other  in  interpreting.  .  .4,  p.  3182,  §  1853 
illustration  of   maxim  cxju-e.^.-ili)  ttni-is  est  excltinio   u/ti'nux; 
common   cariier    agreeing   to  deliver   safely  will   be 

liable  even  beyond  his  common-law  liability 4,  p.  3183,  §  1853 

construction  of  dillerent  words  and  phrases  in  carriers'  con- 

traots 4.  p.  318.1,  §  1S59 

"perils  of  the  seas" 4  p.  3,s;4  g  j^,,-,^ 

"^■•0-D-" 4,  p.  318S,  S  18.19 

"^'••e" 4,  p.  3I8!>,  §1853 

"good  order  and  condition  " 4,  p.  3  {j'J  g  1S,")9 

"leakage  and  breakage" 4,  p.  smj^  §  2S59 

"owner's  risk" 4,  p.  31'J1,  §  1853 


C426 


oabriehs. 


Carriers— (Contimiefl.) 

"privilcyoof  resliiiininjj*' 4,  p.  3102,  §  ISM 

"value  mill  contiiits  unknown" 4,  p.  .111).',  §  IS.IO 

otiier  words  lunl  phrases  in  carriers'  contract  cons  rui'(l.4,  p.  3193,  g  18.59 
\vLcro  gooil-4  in  liands  of  c:iiiier  arc  lost  or  daniayud,  jire- 

Bunijilion  is  a;,'ainst  earricr 4,  p.  3193,  §  18G0 

on  loss  lieing  shown  to  fall  within  exception  burden  in  on 

shipiKT  to  i)rovo  iieylii,'inuo  iu  some  states 4,  j).  3101,  §  18(52 

in  otlur;*  Ininlen  is  on  carrier 4,  p.  31 'J t,  S  IbU2 

burden  is  on  carrier  to  prove  that  loss  of  goods  arose  fioni 

cause  for  whicli  ho  is  not  responsible 4,  p.  310d,  §  1£G2 

burden  is  on  carrier  to  prove  contract  restricting   liabiliiy 

4,  p.  3103,  §  isei 

burden  is  on  carrirr  to  show  that  loss  is  within  excepted 

cause 4,  p.  3194,  §  ISCl 

where  terms  of  bill  of  lading  or  other  contract  have  ac(iuired 
by  usage  a  particular  meaning,  i),uties  will  be  jire- 
Bumed  to  have  used  them  in  that  seube 4,  p.  319G,  §  ISfiS 

usage  must  be  uniform 4,  p.  3196,  §  1SG3 

common-law  liability  of  a  carrier  cannot  be  restricted  by 

usage 4,  p.  3191,  §  ISGl;  4,  p.  3196,  §  1SC3 

meaning  of  term  of  bill  of  lading   may  be  explaine<l   by 

usage 4,  p.  3197,  §  1863 

(b)  Passenr/ers. 

carrier  of  passenger  cannot  limit  his  liability  for  negligence 

by  contract 4,  p.  3275,  §  1018 

in  some  states  may  as  to  free  passengers 4,  p.  327G,  §  1919 

who  are  and  who  are  not  "  free  passengers  " 4,  p.  3277,  §  1920 

condition  in  railroad  tickets  limiting  liability  do  not  bind 

passenger  when 4,  p.  3278,  §  1921 

3.  Connecting  Carriers,     (a)  Of  goods. 

carriers  may  agree  to  carry  beyond  their  own  routes. .  .4,  p.  3193,  §  1864 

or  may  stipulate  for  nondiability  beyond  route 4,  p.  3198,  §  1865 

even  when  not  liable  beyond  route  he  is  liable  for  not  mak- 
ing legal  delivery  to  connecting  carrier 4,  p.  3200,  §  1SG5 

Btill  liable  for  negligence  for  failing  to  deliver  goods  to  con- 
necting carrier  with  reasonable  disiiatch 4,  p.  3200,  §  1865 

likewise  for  injury  which  occurs  beyond  his  route  through 

his  own  neglect,  as  by  furnishing  defective  cars.. 4,  p.  3200,  §  18C5 
in  some  states  carrier  receiving  goods   marked    to  place  be- 
yond hisrouteis  liable  for  them  to  theirdestination. 4,  p.  3201,  §  1866 
diffe  ent  rule  in  other  states 4,  p,  3202,  §  18GG 

by  terms  of  contract  first  carrier  may  be  liable  for  defaults 

of  connecting  cariiers 4,  p.  3202,  §  1867 

illustrations  of  such  contracts 4,  p.  3202,  §  1867 

receipt  of  payment  of    entire  freight  raises  inference  of 

through  contract 4,  p.  3203,  §  1867 


CARRIERS. 


C427 


Carriers  -(Contimictl.) 

•sBociatiou  of  canitrs  to  formcontiimous  lino  for  transport- 
ation of  fruiyiit  and  jiroiiortionate  division  of  ro- 
ceipts  does  not  conatituto  tlum  partnurs  nor  jointly 
'''^'''o 4,  p.  ncni,  8  1<?C7 

ri;;ht9  and  li.iliilitios  of  oonncctinj-  carriers 4,  p.  o'20',  §  16U8 

when  connecting  carriera  may  and  may  not  liave  benefit  of 

exoniptioua  iu  contract  with  fust  carrier 4,  j).  S2U7,  §  1SC8 

(b)  0/  Pd.'i.irii-jer.'i. 

carrier  undertaking  carriayo  of  jiassengpr  liable  for  injury  on 

conneetinj,' lines 4_  j,  ^non,  §  IPHO 

carrier  on  whoso  line  loss  oocurrcd  also  liable 4,  p,  ."^.-jot,  §  ]<x]J 

carrier  may  limit  his  liability  to  his  own  line 4,  p.  33U5,  §  1«)38 

but  notice  must  have  been  brou-ht  hoiiic  to  p  'svngtr  be- 
fore journey  is  commenced 4,  p.  830,'),  §  1933 

4.  Carriers  of  Pamimns.     (a)  Dutj  to  Cnrrj/  awl  Who  are  PuiseiKja'a, 
railroad  companies,  owners   of  shijis,  steandjoats,   ferries, 
omnibuses,  streetcars  ami  staye-c(. aches,  are  common 

carriers  of  passengers 4,  p.  3213,  §  18C9 

common  carrier  may  transport  his  passengers  only  within 

the  limits  of  town 4,  p.  3213^  g  jggjj 

may  carry  between  adjacent  or  remote  cities  in  the  same 

co"'»try 4_  p.  3213^  g  jgco 

or  place  to  which  he  holds  himself  out  to  carry  his  passen- 
gers may  be  in  a  foreign  country 4,  p.  3213,  §  18C9 

carrier  may  be  both  common  carrier  of  passengers  and  com- 
mon carrier  of  gooJs  by  same   conveyance   and    at 

same  time 4^  p  3013^  §  JSCO 

railroads  may  be  liable  by  custom  of  carrying  passengcs  on 

freight  trains 4,  p.  3214^  g  iseg 

owner  of  construction  train  for  workmen  not  a  common  car- 

'■'^'' 4,  p.  3214  §1809 

person  on  carrier's  conveyance  presumed  to  be  lawfully  there 

as  a  passenger 4,  p.  3214,  §  1879;  4,  p.  3218,  §  1878 

carrier  must  carry  for  all  who  apply 4,  p.  3214,  §  1870 

no  excuse  that  person  came  by  rival  line 4,  p.  3214,  §  1870 

or  is  a  debtor  of  the  company 4^  p_  321  j  §  1370 

but  carrier  may  refuse  to  carry  on  same  vehicle  person  pre- 
viously ejected  for  cause. . .  .4.  p.  3215,  §  IS71;  4,  p.  3248,  §  1897 
carrier  ia  bound  to  have  acccmmodatious  for  all  who  &i<\>\y, 

4,  p.  3215,  §  1872 
except  in  case  of  extraordinary  and  unforeseen  rush. .4,  p.  3215,  §  1872 

carrier  not  bound  to  carry  suspected  thief 4,  p.  3210'  §  1873 

a  gambler  who  intends  to  carry  on  his  trade  on  the  train 

4,  p.  3216,  §  1873 
a  person  so  gross  in  his  behavior  and  obscene  in  his  lan- 
guage as  to  be  a  public  nuisance 4,  p.  321 6,  §  1873 


6423 


CARKIEKS. 


Carriers— ( Conti  nued. ) 

a  drunken  person 4,  p.  3216,  §  1873 

or  one  whose  person  or  clothing  is  filthy,  or  who  is  in- 

fe'ted  with  vermin  or  contagious  dir-ease 4,  p.  3216,  §  1873 

cannot  refuse  to  carry  woman  because  she  is  a  prosti- 
tute, unless  her  conduct  is  offensive 4,  p.  321G,  §  1873 

may  refuse  a  person  whose  object  in  coming  on  his  vehicle 

is  not  carriage,  but  trade 4,  p.  3216,  §  1874 

or  one  whose  object  is  to  interfere  with  interests  of 

carrier 4,  p  3216,  §  1874 

may  refuse  to  carry  on  freight  trains 4,  p.  3217,  §  1875 

may  refuse  to  carry  on  Sunday 4,  p.  3217,  §  1875 

may  refuse  to  carry  person   whose  life  is  in  danger  at  place 

of  destination 4,  p.  3217,  §  1876 

carrier  receiving  per-ons  he  might  refuse  cannot  afterwards 

eject  them  for  same  cause 4,  p.  3217,  §  1877 

and  becomes  liable  as  carrier  toward  them 4,  p.  ?217,  §  1877 

person  who  is  on  train  or  boat  by  fraud  is  not  a  passon- 

ger;   as  a  stowaway,  or  one  stealing  a  ride 4,  p.  3217,  §  1878 

nor  one  riding  on   commutation  ticket  issued  to  an- 
other   4,  p.  3218,  §  1878 

or  one  -who  is   riding  free  by  permission  of  conductor, 

but  in  violation  of  rules  'li  company 4,  p.  3217,  §  1878 

ore  who  by  mistake  gets  on  wrong  train  is  a  passenger,  .4,  p.  3218,  §  1S78 
relation  of  carrier  exists  Ijctween  him  and  the  comjtany  .4,  p.  3218,  §  1878 
carrier  is  bound  to  exercise  only  ordinary  care  towards  tres- 
passers and  persons  refusing  to  pay  fare 4,  p.  3218,  §  1878 

persons  traveling  for  purpose  of  carrying  on  business  fci 
themselves  or  oUiers  are  passengers,  though  thev  pay 
nothing  for  passage;  as,  for  a  government  mail  agent, 

or  express  messenger 4,  p.  3210,  §  1879 

Eo  is  person  employed  on  private  car 4,  p.  3220,  §  187s) 

employee  of  the  carrier  traveling  on  his  employer's  convey- 
ance  on   hi?    own    (the    employee's)     business   is   a 

pacscnger 4,  p.  3221,  §  ISSO 

servant  of  the  carrier  riding  on  master's   business,  on  his 

m.i.ster's  conveyance,  not  a  passenger 4,  p.  3221,  §  ISSO 

boj  boarding  car  to  sell  jiapers  not  a  passenger 4,  p.  3220,  §  1879 

no  action  lies  by  passenger  aiainst  bo.it  v.!;./S0  ca])t:rn 
refuses  to    let   him   s-ell   or   trade    Avith    other   ])is- 

sengers 4,  p.  3220,  §  1879 

person    temporarily   absent  from    convcyai.ce   continues   a 

passc'ger 4,  p.  3221,  §  1881 

persons  meeting  or  leaving  guest  cr  friend  at  station  not 

trespassers 4,  p.    3223,  §  1SS2 

carrier    bound  to    exercise    care    towards    pe.sons   riding 

free 4,  p.  3224,  §  1SS3 


.■^^yMk^'iii.'^i^-J--»t 


CAKRIEKa.  tJ4v<j 

Carriers— (Continued.) 

relation  of  carrier  and  passenger  may  commence  before  he 

rays  his  fare  or  enters  veil icle 4  „  3004  §  ]S84 

(^  1    n ""v'^  '^^'.r?'  '^"'^  ""*  '"°"''^"*  ^'^^  ^^•''^^^  ^«=1^'°^°-  •  •  •'  •  •  .4,'  P*  3-125,  §  1S84 
(b).  nailroad  Tidetn  and  lilfjhts  in  Trannt.  >^     ^ 

railroad  or  steamboat  tickets  are  vouchers,  not  contracts.  4,  p.  32-^G  §  1SS5 

contract  may  be  proved  independent  of  ticket 4   p.  300(5'  §  is35 

sale  of  ticket  from  station  not  a  representation  that  next 

train  will  stop  there 4  j,_  go.og  §  igSS 

efTect  of  conductor  taking  up  passenger's  ticket  by  m'is-' 

take... 4  p  3L27,  §1885 

railroad   companies  are  not  insurers  that  trains  will   run 

according  to  time  tables 4^  p  go-JS,  §  ISSG 

efTect  of  representation  in  time  tables !.,..'"'.!  ^4]  p!  3228^  §  18SG 

failure  to  transport  passenger  according  to  contract  gives" 

him  right  of  action 4,  p.  3230.  §  1887 

passenger  has  contracted  for  particular  seat,  cannot  be  com- 
pelled to  take  another 4,  p.  3230.  §  1887 

may  take  his  seat  at  any  time  during  the  journey;  carrier  .. 
not  justified  in  filling  his  place  with  another  pas- 
senger        ^        y,^^      ^ 

contract  to  put  liim  off  at  place  not  a  regular  Vtation  may' be"    '^  ' 

implied  from  custom 4,  p.  3230,  §  1887 

carrier  must  transport  passenger  to  port  to  Tvhich  he  has 

contracted  to  carry  him 4  .,   ^r,^r^   o  j  oq-j 

carrier  agreeing  to  car  y  on  Sunday  mu.st  do  so.*.*.".'    "4'  p   303/  s  iss7 

condition  that  ticket  will    not   be   received  for  passage  afttr     '     ' 

certain  day  good °.  .4,  p.  3033   §  ISSS 

commutation  ticket  go(-d  for  ceruun  number  of  miles,  not 
good  after  time  limited,  though  number  of  miles  have 
not  been  carried 4,  p.  3234,  §  1 888. 

condition   in   a   ticket    that   it   shall    not    be    transferred 

1  ,^T^  ■;•;■;;■;■■■. ' ^'.  p.  32.11,  §  isss 

nut  railroad  liable  for  injury  to  transferee *.,  -p,  3033  §  jy^jg 

round-trip  ticket  is  good  until  used,  in  the  absence  of  stipu-" 

lation  to  the  canlrary  on  ticket 4   p   3035  §1333 

passenger  not  bound  by  regulations,  of  which  he" is  not 'ill-     "     ' 

^"™ed 4        g.^2,j   §1388 

ticket  issued  Decetnbe"  Gth  and  limited  to  two  days  is  good     "     ' 

to  midni-ht  of  December  8th 4   p   3035  §  jggQ 

where  a  ticket  IS  to  be  "used"  by  certain  date  passenger"    "    ' 

need  not  have  completed  his  journey  by  that  date.4r  p.  S'^'S"  §  1888 

ticket  "good   this   trip  only  "good  for  one  trip  on    any         ^' 

•V^ 4   p.  3^3G   8  1SS<1 

rights  on  ticket  issued  to  "  man  and  family  " 4'  n   •jo'^li'  S  1  ssq 

rights  on  "stop-over "  tickets '.4;  p.'  ^.V-j^'  g  ,^33 

regulation  that  passenger  must  identify  himself  good.  ..4'  n"  i'io''  §  1SS<< 
Lawson  11,  &  11.-43©.  ^  '  ^      ^ 


6430 


CARRIERS. 


Carriers — (Continued. ) 

ticket  from  A.  to  B.  gives  right  only  to  continuous  jour- 
ney  4,  p.  3237,  §18S9 

nor  does  it  give  r.,;ht  to  go  from  B.  to  A 4,  p.  323!),  ^  1889 

passenger  is  entitled  to  seat  and  need  not  surrender  ti(  kct 

until  pnivided  with  one 4,  p.  3210,  g  1S90 

may  go  into  reserved  or  drawing-room  car  if  there  are  no 

other  seats 4,  p.  3211,  §  1891 

cannot  he  compelled  to  go  into  pmiikin<,'-c;u' 4,  p.  .'Jl^I,  §  1S!)1 

carrier    must    give     passenger    time    for    refreshment    at 

stations ' 4,  p.  3241,  §  1891 

names  of  stations  must  he  announced  to  passengers. . .  .4,  p.  3242,  §  1892 
carrying  passenger  heyond  destination  gives  good  ground  of 

action 4,  p.  324G,  g  1896 

duty  of  passenger  to  ascertain  what  trains  stop  at  his  desti- 
nation  4,  p.  3246,  §  1896 

must  leave  train  at  first  station  after  he  discovers  mis- 
take  4,  p.  3240,  §  1896 

railroad  not  liahle  for  neglect  of  conductor  to  fullill  promise 

to  wake  passenger 4,  p.  321^),  §1896 

carrier  may  estahlish  reasonahle  regulations 4,  p.  3246,  §  1897 

whether  paiticuhar  regulation  of  carrier  is  or  is  not  reason- 
ahle mixed  question  of  law  and  fact 4,  p.  3246,  §  1897 

for  refusal  to  ohey  reasonahle  regulation,  passenger  may  he 

expelled  from  vehicle 4,  p.  3240,  §  1897 

regulation  recpiiring  passengers  to  surrender  tickets  to  con- 
ductor when  demanded  reasonahle 4,  p.  3247,  §  1S97 

80  regulation  that  coupons  will  not  he  accepted  unless  de- 
tached hy  or  in  the  presence  of  conductor 4,  p.  3247,  §  1S97 

80  regulation  forhiddinf  conductors  fr.>m  passing  any  one  on 
half-fare  tickets,  unless  on  pro^^entation  of  permit, 

4,  p.  3247,  §  1897 
regulations  not  known  to  passenger  do  not  hind  him. .  .4,  p.  3247,  §  1897 
passenger  ejected  for  not  paying  fare  cannot  on  tendering  it 

resume  journey 4,  p.  .121^,  §  1897 

aJifcr  when  refusal  is  in  gO(  d  faith 4,  p.  3248,  §  1897 

carrier  has  no  right  to  imprison  passenger  wlio  canudt  show 

ticket 4,  p.  3250,  §  1S!)«;  3,  p.  1831,  §1007 

passengers  can  only  he  ejected  at  usual  stopping-])lace.  .4,  p.  ."2.")0,  §  1899 
train  must  l)e  stopped  hcfore  passenger  can  he  ejicted.4,  p.  32ul,  §  1899 
excessive  force  m  ist  not  he  used  in  ejecting  p.assungcr.  .4,  p.  32r)2,  §  1900 

passenger  may  resist  unlawful  ejection 4,  p.  3252,  §  1901 

carrier  may  reserve  car  for  women  and  escorts 4,  p.  3252,  §  1902 

right  of  carrier  to  discriminate  hetwcun   passengers  on  ac- 
count of  color 4,  p.  3252.  §  1902 

for  williiil  refusal  to  pay  fare,  passenger  may  hi;  ejecteil  .4,  p.  3253,  §  1903 
one  who  has  refused  to  pay  fare  may  change  his  mind.  .4,  p.  3253,  §  1903 


I 


M 


OAKRIERS.  6431 

Carriers— (Continncd.) 

conductor  has  no  right  to  put  him  off 4,  p.  3053^  §  jgog 

carrier  has  no  riglit   to  exi)el  passenger  for  non-pay'.ne'nt" 

of  full  fare  without  first  reuirning  fare  paid 4,  p.  3253  §  1903 

passenger  bting  responsible  for  fare  of  a  child  under  his 
charge,  may  l)e  ojeuted  for  refusal  to  pay  such  fare  al- 
though he  has  paid  his  own 4_  p.  3253,  §  1903 

ticket  is  passenger's  only  evidence  of   his  right;  cnduetor 

need  not  take  passenger's  cxi.l  mation 4,  p.  3254,  §  1903 

ticket  need  not  be  printed;    any  writing suOicient 4,  p.  3254,'  §  19  3 

carrier  may  refuse  ticket  obtained  by  fraud 4,'  p.  3254,'  §  1903 

passenger  overpaying  Ids  fare  by  mistake  may  retiiia 
amount  from  sum  handed  to  him  by   another  passen- 

,  ,^'"'  ••;••■•;  •, 4,  p.  3255,  §  1903 

regulation  that  ticket  must  be  purchased  before  entering 
train,    or  an  extra   price   will   be    charged,  rcasona- 

.    ^^°  •  ■  •  • ; 4,  p.  3255,  §  1904 

oarrier  must  gu-e  passengers  opportunity  to  purchase  tickets 

before  train  starts 4,  p.  3053^  §  j ^q^ 

passenger  must  produce  ticket  when  required 4,  p.  3257,  §  1905 

passenger  who  has    mislaid  ticket  entitled  to  a  reasonable 

time  to  search  for  it 4,  p.  3257,  §  1905 

pas.  ^nger  before  surrendering  ticket  may  demand  some  evi- 

.    '^ence  of  its  receipt 4^  p.  3257,  §  1905 

earner  may  expel  drunken,  disorderiy  or  dangerous  passeu- 

ger....     ..   4,  p.  3258,  §  1906 

carrier  responsilde  for  act  of  servant  in  expelling  a  passer  ger 

under  mistake 4%.  3259,  §  1906 

no  more  force  can  be  used  than  adequate  for  purpose  of  ex- 

,,  ,  .     .     /"'''"" 4.  p.  3259,  §  1906 

(c)  Injuries  to  Pam-vfieyr,. 

passenger  is  justified  in  attempting  to  alight,  where  he  re- 
ceives iuvitatiun  to  alight,  either  express  or  implied, 

,r  ^  ,    .  ..  ^'  P-  32i2,  §  189?     . 

calling  out  name  of  station  not  alone  invitation  to  aUght.4,  p.  3212,  §  1S0;J 

calling  out  station  and  then  stopping  is 4,  p.  3242*  §  ISo'i 

other  circumatauces  may  amount  to  an  invitation  to  aliglit, 

, ,    ,.  ,  4,  p.  3242,  §  1893 

reasonable  time  must  be  allowed  passenger  to  alight  or  o-efc 

,  ,      '^'--l----;---.-. r..... 4? p.  3243,  §1894 

duty  of  servants  of  carrier  to  assist  passengers  to  alight.4,  p.  32-14,  §  isfii 
not  bound  to  ask  passengers  if  they  inten.i  to  leave  car  4,  p.  3245,'  §  1894 

signals  nv.ut  be  given  before  train  is  started 4,'  p.  3045]  g  j'so^ 

servant*  of  railroad  willfully  fading  to  stop  car  when  s'ig-" 

naled  gives  cause  t,,r  ex.M.plary  damages 4,  p.  3245,  §  1894 

car  ovcr.diooomg  or  falling  short  of  platform,  radroad  li  d)le 

for  injury  to  alighting  passenger 4,  p.  3245,  §  IS95 


U432 


CAKRIEES. 


Carriers— (Continued.) 

carrier  of  i)assenyers  is  not  an  insurer 4,  p.  32j9,  o  1907 

is  liable  for  any  injury  to  the  pas3unger  caused  Ijy  his  faiU 
ing  to  use  extraordinary  care  in   the  selection  of  his 

vehicles  and  tlie  prosecution  of  the  journey 4,  p.  32C0,  §  1907 

from  injury  happening  to  passenger,  presumption  of  negli- 
gence on  part  of  carrier  arises. 4,  p.  3200,  §  1903 

as  from  collision 4,  p.  S'Jlll,  §  11)03 

or  train  running  from  track 4,  p.  3201,  §  1903 

or  falling  of  landing-plank  of  boat 4,  p.  32C 1,  S  1933 

or  i'rom  sudden  jerk  which  thro'ivs  passenger  down.  ..4,  p.  .S2G],  §  1903 

or  bursting  of  lamp  in  car 4,  p.  3201,  §  1903 

or  turning  over  of  vehicle ,.4,  p.  3J(!2,  §  1003 

rate  of  speed,  when  evidence  of  negligence 4,  p.  32GI,  §  190S 

carrier  not  warrantor  of  safety  of  vehicles  and  appli- 
ances   4,  p.  32G2,  §  1909 

liable  for  injury  arising   from  defect,  which  he,  by  diligence 

and  care  might  liave  discovered 4,  p.  32C2,  §  1903 

is  not  liable  for  latent  defects  which  an  examination  would 

not  have  revealed 4,  j).  32C2,  §  1909 

■amo  duty  as  to  roadway 4,  p.  3203,  §  1910 

carrier  not  liable  for  latent  defects  in  roadways,  bridges, 

etc 4,  p.  3203,  §  1910 

carrier  responsible  for  defects  in  ve'.iiclc,  appliances  or 
roadway  which  are  fault  of  manufacturer  or  con- 
tractor  ; 4,  p.  32G4,  §  1911 

duty  of  carrier  as  to  platform,  stations  and  approaches. 4,  p.  32G4,  §  1912 
negligence  to  allow  snow  and  ioe  to  accumulate  ujjon  plat- 
form of  station 4,  p.  3204,  §  1912 

to  have  platform  higher  tlian  car  steps 4,  p.  3205,  §  1912 

to  require  passengers  to  board  car  from  baggage  car.. 4,  p.  3205,  §  1912 
to  require  passengers  to  cross  track  to  reach  train  . .  .4,  p.  3273,  §  1910 
railroads  not  liable  for  injury  caused  by  station  being 

blown  down  by  extraordinary  storm 4,  p.  S2G5,  §  1912 

duty  of  railroad  to  have   the  station  houses  open  and 

lighted 4,  p.  32G5,  §1912 

railroad   liable  to  passenger  on  platform  struck  by  mail 

bag  thrown  fi-ora  passing  train 4,  p.  32G7,  §  1912 

passenger  to  get  to  car  on  track  beyond  may  pass  over  inter- 
vening cars 4,  p.  S2G7,  §  1912 

railroad  not  liable  to  passenger  bit  by  stray  dog  on  platform 

of  station 4,  p.  3203,  §  1013 

duty  to  have  platforms,  etc.,  safe,  extends  both  to  passen- 
gers and  those  having  business  at  station 4,  p.  320S,  §  1914 

but  does  not  extend  to  trespassers  or  sight-seekers.  ..4,  p.  S2G8,  §  1914 
•arrier  may    exclude    from,    station    persons    not    passen- 
gers  4,  p.  32G9,  §  1914 


.  iMSC^'     .^AOAii    ■  -■^i-  ■ 


CARRIERS.  6433 

Carriers— (Continued.) 

as  hackineii,  iiedJlerp,  etc 4,  p.  3270,  §  1914 

station-keciicr  has  no  right  to  eject  passuiiger  fri^m  station 

for  spitting  on  floor 4,  p.  3270,  §  1914 

though  not  requireJ  to  do  so,  raih-oad  may  carry  passengers 

upon  freight  trains 4,  p.  3270,  §  1915 

must  use  same  diligence,  but  not  bound  to  provide  same  con- 
veniences or  appliances  as  on  p  .ssenger  trains. . .  4,  p.  3271,  §  1915 

railroad  company  carrying  passengers  on  construction  trains 
is  held  to  same  diligence  as,  in  case  of  regular  passen- 
ger trains 4,  p.  3270,  n,  §  1915 

carrier  liable  for  assault  on  passenger  by    fellow-passen- 

gc:... 4,  p,  3273,  §1917 

carrier  not  liable  for  negligent  act  of  one  passenger  towards 

another 4,  p.  3274,  §  1917 

carrier  is  liable  for  acts  of  servants  and  employees  toward 

passengers 4,  p.  3296,  §  1932 

railroad  liahle  for  assault  where  conductor  attempts  to  seize 

property  of  passenger  to  enforce  payment  of  fare. 4,  p.  3297,  §  1932 

carrier  liable  for  wanton,  willful,  and  mal  cious  acts  of  his 

servants  towards  passengers 4,  p.  3297,  §  1933 

liable  for  obscenity  or  immoral  conduct  of  servants  toward 

female  passengers 4,  p.  3298,  §  1933 

liability  of  carrier  while  using  another's  line  or  means  of 

transportation 4,  p.  3299,  §  1934 

liability  of  carrier  for  acts  of  another  carrier  using  its  line  or 

means  of  transportation 4,  p.  3301,  §  1935 

imputed  neg'igencc  where  passenger  injured  byconcurreuj 
negligence  of  third  person  and  carrier,  in  whose  charg  3 
he  was  at  time 3,  ,).  2141,  §  1211 

contributory  negligence  of  pasdcnge-,  sco  CoNTRiBUXoi  y 
Nkglmenue. 

5.  Sleeping  Car  Compaiiies, 

not  liable  as  common  carrier 4,  p.  30SG,  §  1795 

liable  to  action  for  refusing  berth  to  applicant 4,  p.  3080,  §  1795 

liable  for  want  of  care  in  guarding  passenger's  eil'ects.  ..4,  p.  30S7,  §  1795 

6.  Stages. 

carrier  of  passengers  by  stage  bound  to  provide  safe  vehicles 

and  harness  and  careful  drivers 4,  p.  3305,  §  1939 

must  not  overload  the  cnacli;  must  drive  carefully,  roi^ard- 
ing  the  rule  of  road;  not  racing  with  other  vehi- 
cles  4,  p.  3305,  §  1939 

must  carry  passenger  to  destination 4,  p.  3li03,  §  1939 

not  liable  for  accidents  in  absence  of  negligence 4,  p.  33U0',  §  1939 

7.  Streetcars. 

are  "  carriers  of  passengers"  within  statute 4,  p.  3306,  §  1940 

must  carry  p  is? cngers  safely . . .  ^ 4,  p.  '.i^OG,  §  J  940 


6434 


0AIiRI£It3. 


Carriers— (Continued.) 

negligence  in  street-car  to  start  while  passenger  is  alight- 
ing   4,  p.  3306,  §  1040 

to  carry  large  numbers  of  people  vastly  in  excess  of  seating 
capacity  of  its  cars,  and  to  permit  passenger  to  ride 

on  platform  and  foot-boards 4,  p.  3307,  §  1940 

not  to  provide  on  each  car  conductor  to  take  fare,  as  well 

as  driver 4.  p.  3307,  §  1940 

street  railroad  must,  where  it  crosses  track  of  a  steam  rail- 
road, employ  a  suiBoieut  guard  to  avoid  danger  to 

passengers 4,  p.  3307,  §  1940 

negligence  to  allow  young  children  to  get  on  or  ntand  on 

front  platform 4,  p.  3308,  §  1940 

to  eject  drunken  person  while  c^   is  in  motion 4,  p.  3307,  §  1940 

contributory  negligence  of  passenger 4,  p.  3307,  §  1940 

See  CoNTKiEUTOEY  Negligence. 

8.  (S/»7>A'  and  Ves/>els. 

carrier  by  must  use  care  receiving  and  landing  passenger  J.  4,  p.  3309,  §  1942 

master  has  absolute  control  over  passengers , 4,  p.  3310,  §  1043 

passenger  entitled  to  good  treatment  from  master 4,  p.  3310,  §  1944 

chip  not  obliged  to  furnish  surgical  aid  to  passengers. .  .4,  p.  3311,  §  1944 
carrier  bound  to  provide  passengers  with  comfortable  accom- 
modations, proper  food,  and  scats  at  table 4,  p.  3311,  §  1945 

■teerage  passenger  entitled  to  berth,  and  use  of  steerage- 
room 4,  p.  3311,  §  1945 

deck  passenger  insisting  on  remaining  in  part  of  boat  where 

he  has  no  right,  may  be  removed  by  force 4,  p.  3311,  §  1945 

ship  liable  for  injury   caubcd  to  passenger  by  dog  kept  on 

board 4,  p.  3312,  §  1045 

ship  liable  for  injury  caused  by  ;inguarJed  hole  in  deck.  .4,  p.  3312,  §  1045 
federal    statute   providing    for    inspection   of     steamships, 
appliance3     for    life-saving   nnl   extinguishing    fires, 
stowage  of  dangerous  goods,  uuml)er  of  passengers  and 

accommodations 4,  p.  3312,  §  1946 

federal  statute  limiting  liability  of  carriers  by  water 4,  p.  3313,  §  1046 

baggage    of     passengers   not   included  in   provisions     of 

statute 4,  p.  3314,  §  1046 

carriers  by  land  cannot  take  advantage  of  it 4,  p.  3314,  §  1946 

statute    docs  not  apply  to   expressmen  or  carriers  who  use 

ships  in  which  to  transport  goods 4,  p.  3314,  §  1046 

navigation  of  great  lakes  not  "inland  navigation".  ..4.  p.  3314,  §  1046 
it  embraces  injurie-  to  jjcrson  as  well  as  to  propertj*.  .4.  p.  3314,  §  1046 
acts  of  congress  do    'ot   impair  common-law  right  of  action 

by  persons  injured  through  negligence 4,  p.  3314,  1946 

9.  Baggage. 

contract  to  carry  passenger  includes  contract  to  carry,  with- 
out extra  charge,  his  baggage 4,  p.  3315,  §  1947 


CARKIERS — CASHIEB. 


6435 


Carriers — (Continued. ) 

responsibility  of  carrier  for  baggage  is  same  as  that  of  a 

common  carrier  of  goods 4,  p.  3315,  §  1947 

liability  for  baggage  of  free  passenger 4,  p.  31 IG,  §  1947 

pordon  carrying  baggage  for  hire  between  different  places  on 

same  train  a  common  carrier 4,  p.  331G,  §  1947 

that  baggage  does  not  accompany  passenger  on  same  train 

irrelevant 4,  p.  331G,  §  1947 

rule  that  passenger  must  certify  that  trunk  contains  only 

wearing  apparel  reasonable 4.  p.  331G,  §  1947 

parent  may  sue  for  wearing  apjiarel  of  infant  lost  by  rail- 
road  4,  p.  3310,  §  1047 

what  is  and  is  not  "baggage  " 4,  p.  3317,  §  1943 

es  to  goods  not  "baggage,"  carrier  not  liable  as  an  in- 
surer..,  4,  p.  3319,  §  1943 

carrier  liable  for  "extra  baggage  "  when  paid  for  as  such. 4,  p.  3321,  §  1949 

what  is  and  is  not  a  sufficient  delivery  of  baggage  to  chiu-ge 

carrier 4,  p.  3321,  §  1930 

delivery  of  check  prima  facie  evidence  that  bag^ago  was 

received 4,  p.  3322,  §  1951 

carrier  liable  for  baggage  t.iken  by  passenger  into  vehicle.  4,  p.  3.?23,  §  1!)53 

but  not  for  money,  valualdes,  etc.,  carried  on  his  person. 4,  p.  3324,  §  1952 

r&ilroad  company  not  liabk-  for  bag  of  jewels  dropped  from 
window,  it  hiiving  refused  to  stop  train  to  recover  it, 

4,  p.  3324,  §  1952 

liability  of  carrier  continues  until  baggage  is  delivered  to 

passenger  or  his  agent 4,  p.  3325,  §  1953 

carrier  retaining  trunk  of  passenger  under  its  lien  for  fare 

liable  for  articles  lost  therefrom 4,  p.  332G,  §  1953 

Btation  platform  proper  place  for  carrier  by  rail  to  deliver 
baggage;  should  have  its  servants  there  to  attend  to 
receiving  checks 4,  p.  332G,  §  1953 

whore  passenger's  trunk  is  placed  overnight  by  tlie  carrier  in 
waiting-room,  pasr^enger  can  recover  for  bagnago 
stolen  from  it 4,  p.  332G,  §  1953 

passenger  must  remove  bagg^.ge  within  reasonable  time. 4,  p  3327,  §  1054 

Sunday  law  will  not  excuse  passenger  who  arrives  at  his  des- 
tiiiation  on  Suaday  morning  from  demanding  and  re- 
ceiving his  baggage 4,  p.  3328,  n,  §  1954 

nor  passenger's  illness 4,  p.  3328,  n,  S  19.')4 

nor  lateness  of  hour  of  arrival 4,  p.  3328,  n,  §  1954 

what  is  reasonable  time  for  passenger  to  remove  his  baggage 

a  question  of  law 4,  p.  3328,  §  1954 

Case  of  Need. 

what  is 4,  p.  2615,  n,  §  1475 

Cashier. 

See  Bank.-),  4. 


64:36  CATS—CHAMrERTY. 

Cats. 

subjects  of  property 3,  p.  2471,  §  ISCfl 

action  fur  injury  or  killing 3,  p.  2t71),  §  1373 

keeping  of  by  warehouseman  evidence  of  care 3,  p.  2471  w,  §  1308 

same  as  to  carriers  by  water 3,  p.  2471  n,  §  13GG 

Cattle. 

See  Animals. 
Cattle  Yards. 

when  a  nuisance C,  p.  4SCC,  §  2901 

Caveat  Emptor. 
See  Wakkanties. 
caveat  emptor  applies  to  purchases  of  depreciated  bank  bills 

by  bankers  or  brokers 2,  p.    9G7,  §   C36 

Caveats. 

filing  and  effect  of 4,  p.  2872,  §1070 

Cemeteries. 

See  BuRiAIf 
Censorship. 

freedom  of  the  press  guaranteed  by  tl;    constitution;  censor- 
ship abolished 3,  p.  2178,  §  1225 

Certificates. 

of  stock,  see  Corporations,  5;  see,  also,  Certificates  of  Deposit;  Re- 
ceivers. 

not  a  negotiable  instrument 4,  p.  25S4,  §  1453 

Certificate  of  Deposit. 
See  Banks,  0. 

is  a  negotiable  promissory  note 4,  p.  S.ISt,  §  1453 

of  national  Lank  not 4,  p.  SoSt,  §  1 4r)3 

protest  of  not  necessary 4,  p.  2o70,  §  1526 

Certification. 

See  also  Banks,  6. 

certification  of  check  equivalent  to  acceptanco 2,  p.     941,  §    531 

Certiorari. 

after  judgment  reversed,  money  paid  under  it  may  bo  re- 
covered Lack;  where  assessment  set  .aside  on  certiorari, 
money  voluntarily  paid  thereunder  may  be  re- 
covered  6,  p.  4220,  §  2557 

proper   mode   to  take  advantage  of  defects  in  proceedings 

to  condemn  land 7,  p.  C147,  §  3902 

Cesspools.. 

See  Waters  and  Water-courses,  0. 
Champerty. 

maintenance  defined;  when  and  how  illegal 0,  p.  4002,  §  2400 

champerty  defined. ,. 5,  p.  4!:04,  §  2400 

champerty  not  illegal  in  some  states 5,  p.  4004,  §  2401 

legality  of  contract  between  attorney  and  client  for  com- 
pensation out  of  amount  recovered 5,  p.  4005,  §  2402 


2471,  §  inCfl 
247!),  §  J. 373 
171  n,  §  mCO 
71  n,  §  13GG 


4SC0,  §  2901 

9G7,  §  C38 
!872,  §  IC70 


178,  §  1225 
3S4,  §  1453 


>S4,  §  1453 
5S4,  §  ]4,-)3 
)70,  §  152G 


n,§  531 


:0,  §  2557 
17,  §  3902 


2,  §  2400 
4,  §  2400 
4,  §  2401 

y,  §  2402 


CHAMrEIlTy — CHARITIES.  fJ437 

Champerty— (Continued.) 

aftertUoliti-jition   eruled,  or  after   judgment  recovered,  at- 
torni-y  may  purcliaao  or  take   iii   imyiiient  of  his  fees 
part  of  tlie  property  received  or  part  of  judgment.  5,  p.  400G,  §  2102 
where  contract  is  dccliired  void  fnr  champerty,  attorney  may 

recover  value  of  liis  services  upon  (juantum  vicruU.fi,  p.  4000,  §  2102 
no  defense  to  action   that  plaintiff  has  made  chamiiertous 

contract  for  prosecution 5,  p.  400G,  §  2402 

parent    may    maintain  a   child's    lawsuits    vitliout    being 

guilty  of  maintenance 2,  p.  1471   §   811 

Character.  ' 

Seo  Evidence,  9. 
Charitable  Associations. 

See  Charities. 
Charities. 

See  also  Taxation. 

"  Charitable  institutions  "  defined:  what  are  and  are  not 

2,  p.  IJ 32,  §  622;  pp.  1 1 70- 1 1 77,  §    C.13 
society  for  missionary  purposes  i8.2,  p.  1 132,  §  G22;  pp.  117G  1 177,  §    033 
for  prevention  of  cruelty  to  animalj  is  a 

2.P-1132,§G22;pp.  117G1177,  §  G33 

for  protection  to  property  from  fiie  is  a 2,  p.  11 33  §  G22 

corporation    for  business   purposes  though  incidentally  a 

charity,  not  a 2,  p.  1134,  §  G22 

rights  and  powers  of  charitable  associations 2,  p.  1135   §  023 

trustees  of  charity  guilty  of  breach  of  trust,  trust  fund  not 

liable  to  indemnify  sufferer 2,  \\  1135   §  C"3 

charity   not    liable  for  negligence   of   its   a^^cnts;  as  sur- 
geons in  hospital 2,  p.  11.35,  §  023 

jurisdiction  ofeiuity  over  charities  and  charitable  trusts. 2,  p.  \VM\  §  (J24 

what  is  and  what  is  not  a   "  charity  " 2,  p.  113!)  §  C-'j 

gifts  and  bequests  sustained  as  charitable 2,  p.  114lj  §  G  >5 

gifts  and  be(juests  not  sustained  as  charitajjlo 2,  p.  1150,  §  (J25 

charitiesfavoredby  the  law;  court  will    carry  out  intent '  of 

donor  or  testator  if  possible 2,  x).  W'y'^  s  C>"(\ 

who  may  be  trustee  of  a  charity 2    7.    1 1  -.  •    ■*  /mt 

who  will  take  as  benehciary  of  charitable  gift 2,  p.  115(J   S  G-'3 

parol  evidence  admissible  to  remove  doubt  as  to  which  of 
several  similar  religious  bodies  was  intended  by  tes- 

^      ,       7; : ■ 2,  p.  lio/,  §   623 

trust  void  for  uncertainty  sustained  in  case  of  charity.  2,  p.  1151),  §    G29 
illustrations  of  bequests  and  devises  held  void   for  uiici.r- 

.„    ^^".*y"V, 2,  p.  11C3.§    629 

illustratioiia  of  bequests    and   devises   held  not  uncer- 

,,     ]""'"•.••••• 2,  p.  11G.3,§    629 

the  doctrine  of  cy-jms 2,  p.  ]  16S,  §    630 

trust  for  illegal  objects  not  enforceable  2,  p.  1171    §    631 


ip 


6433  CHARITIES — CITIZESSUIP. 

Charities- (Continued.) 

BUtutory  limitations  as  to  amount  of  testator's  estate  that 
may  be  devised  to  charity 2,  p. 

statutory  requiHites  as  to  time  at  which  charitable  bequest 
must  1)0  nijide 2,  p. 

visitors  of  charitable  corporations;  powers  and  duties. ..2,  p. 
Charters. 

See     ConronATioss;    Municipal    ConroRATioNS;    Rail- 
roads, 1. 

nro   "contracts"   which  cannot  bo  repealed  or  altcred.7,  p. 
Charter-party. 

yee  Siiirs  AND  SiiirrixQ, 
Chattel  Mortgages. 

See  MoKTUAUKS,  V. 
Chattels. 

See  Fixtures;  Tersonal  PRorERTT;  and  the  various  titles. 
Chattels  Real. 

See  also  ItF.AL  PROPKnTY. 

right  of  husband  to  wife's  chattels  real 2,  p. 

Checks. 

See  Banks,  6. 

certification  of  p.tyment  of 4,  p. 

protest  of  is  not  necessary 4,  p. 

Chemical  Works. 

chemical  works,  when  a  nuisance 6,  p. 

Chickens. 

See  Animaia 

Child. 

See  Parent  and  Child. 

Chimneys. 

chimneys,  when  a  nuisance 0,  p. 

Chinese. 

See  CiTrzKNSiiip, 
Choses  in  Action. 

See  also  AssncxMEN'T. 

what  are  clioses  in  action 2,  p. 

right  of  husband  to  wife's  personal  choses  iu  action . . .  .2,  p. 
Churches. 

See  IvELToious  Societies. 
Citizenship. 

See  Domicile. 

1.  In  General. 

2.  Aliens;  Rights  and  Disabilities  of. 

3.  Naturalization. 
1.  In  Ocneral. 

citizenship  defined;  in  the  United  States 7,  p. 

Indians,  citizenship  of 7,  p. 


1172,  §  632 

1172,  §  632 
I1S3,  §  C34 


60S1,  §  3S63 


1346,  §  737 


2785,  §  1606 
2070,  §  1526 

4S70,  §  3001 


4SG0,  §  2983 


■<339,  §  734 
1337,  §  733 


6039,  §  3831 

6040,  §  3831 


632 


CITIZENSHIP,  6^3g 

Citizenship  -(Continued. ) 

Chmose  bora  in  United  State, 7.  p.  6040,  §  3831 

nght  to  change  allegiance,  and  renounce  citizenship..   7,,,   (jo41    « 'JS-Jl 
privileges  and  immunities. "  of  citizens  of  the  United  St.'ites  '  * 

under  the  constitution 7  „  qq.o  «  ocoo 

citizen  of  any  state  has  all  rights  of  citizens  in  any  ot'her        "'     ' 

,      ''*''*°.--;-- 7,  p.  (50-13,  §  .1832 

does  not  include  ri«ht  to  hold  omoe 7.  p.  G04.3,  §  3S32 

or  rig.    to  practice  Jaw 7,  p.  0.-4.3   '.38.3.2 

z  ;>"  f  rr"'" '°  ^'^^ 7.  p.  0043,  §  .3S32 

or  right  to  take  oy.ster,s  in  tide  waters 7    ,,    (;043   §3632 

•tatute  discriminating  against  publishers  of  books  in  other 

^      '*''.*'' 7,  p.  C04.3,  §  .SS.32 

or  requiring  security  from  non-resident  in  attachment.  7,  p   G043   JJ  3S3" 

.cense  tax  from  non-resident 7,  p.  ,;o4:^'  g  .-^S.'io 

forbidding  Chinese  to  be  witnesses  in  civil  cases. . .  .7,  p    Gi!.13   s<  38.3-^ 

Statutes  discriminating  against  negroes 7    „   0)44'  g  •}S3>'> 

excluding  colored  children  from  white  schools   7!  n   0044*  S  'iST*^ 

_  equal  protection  of  the  laws  "  construed 7    '    (J044'  g  3S33 

right  to  i.ractice  law  does  not  depend  on  United  States  citi- 

..       =="'ship j^         208  §    ]07 

citizenship  of  corporatiou  within  federal  laws 

2.  Aliens.  1,  P- CIS.  §  349;  p.    C19,  §    350 

right  to  hold  or  inherit  property 7^  p.  co4S,  g  38.34 

where  alien  female  intermarries  with  citizen 7,  p.  g04<)   §  3S34 

foreign  sovereign  may  sue  in  courts  of  this  country. . .  .7   p   0040  §  .38.34 
aliens  cannot  hold  office  nor  be  jurymen.  .7,  p.  5979,  §  3501,  0049,'  §  3S34 

cannot  be  admitted  to  the  bar 1^  p'    208  §    127 

alien  may  enjoin  publication  of  his  unpublished  or  uncopy- 

nghted  literary  work 4,  p.  2804,  §  1618 

non-resident  alien  cannot  take  out  copyright 4,  p.  281.3  §  IG'^5 

is  entitled  to  protection  of  his  trademarks '. .    '     ' ' 

..  .  4,  p.  2854,  §  1045;  7.  p.  G049,  §  3834 

alien  enemies  cannot  appoint  agents i„_        50        g 

but  may  be  agent  for  absent  princiijals .'.'""  V  p'        C '  §        6 

woman's  right  to  make  will  where  husband  is  alien  "enemy 

3.  Natr^ralization.  ^'   "^^  '''''''  §  ^'^' 

congress,  not  the  state,  can  exercise  right  of  naturaliza- 

.       ,   *'°"- ;••;••. 7,  p.  6040,  §  .38.3.5 

m  what  modes  13  citizenship  by  naturalization  acquired .  7,  p.  G05()  §  3S35 
naturalization  laws  do  not  include  Chinese  or  Indians..?,  p.  6050*  §  3S35 

status  of  children  of  naturalized  persons 7,  p.  G050,'  §  3835 

what  is  good  moral  character  required  by  statute 7,'  p.  GO.lo'  §  38'  " 

what  courts  may  admit  to  citizenship 7.  p.  G051 '  §  38 

declaration  of  intention  must  be  made  in  open  court.  .7,'  p.  C05l!  §  3836 


.'v.-U 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Sciences 
Corporation 


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CITIZLNSUir — COLLATERAL  SECLTJTY. 


Citizenship— (Continued.) 

record  of  naturali/iitioii  cannot  be  impeached  in  collateral 

pniceeding 7,  p.  G052,  §  3S33 

ccrtificiito  of  clurk,  when  not  comjietent  to  show  natuniliy^- 
tioi.,  citizci\.sliip  ctmiit  be  presuiued  friiiu  the  hohling 

of  real  estate  or  of  office 7,  p.  G0r)2,  §  3830 

court  cannot  make  order  of  naturalization  retroactive  .7.  p.  CUj2,  §  3S36 
competent  to  amend  nunc  pro  tunc  record  of  naturalization 

proceedings 7,  p.  C052,  §  3S36 

City  Solicitor. 

Heo  Municipal  CoRFOBATiONa, 

Clearing  House. 
,  See  Ban:-  a,  Q. 

Clerk. 

See  Offt  h-z  of  rotjRT;  Attorskt  and  Cliest,  4. 

cannot  s  - .  v.S'iomer  in  his  own  name 1,  p.    201 ,9    123 

memorandi::u>    .'said  may  be  signed  by  auctioneer's  clerk. 1,  p.    3&4,  §    210 
may  repros<)iK  l.i.wyer  in  ordinary  business  of  office. ...  1,  p.    272,  §    163 
not pruhibitr'  frun.  commencing  business  himself,  and    act- 
ing K^uinsii  master's  former  clients It  P>    272,  §    163 

has  no  authority  to  discontinue  action 1,  p.    272,  §    163 

cannot  bind  client  by  discharge  without  satisfaction.  ...1,  p.    272,  §    163 

Clubs. 

are  not  partnerships  or  joint-stock  companies 2,  p.  1076,  §    601 

social  aud  political  clubs  are  partnersliip-i 3,  p.  1191,  §    635 

riglit''  of  members  to  property  of  club 2,  p.  1070,  §    602 

rights  of  majority  of  members 2,  p.  1070,  §    602 

court  will  not  order  admission  of   member 2,  p.  1076,  §    002 

member  of,  cannot  bo    expelled   without  notice  and    hear- 
ing  2,  p.  1070,  §    C02 

as  to  power  of  expulsion  of  members,  see  Cinpor.ATioss.l,  p.    Clo,  §    388 
liabilities  of  members  for  club  debts 2,  p.  1077,  §    COS 

Coaches. 

See  Carriers,  C. 

Codicil. 

See  Wills,  1,  7. 

Cohabitation. 

See  Immoralitt. 

Coin.  • 

gold  and  silver  and  copper  coin  issued  by  the  government  is 

personal  property 3,  p.  2414,  §  1351 

gold  coin  issued  by  private  person  is  personal  property.3,  p.  2444,  §  1.351 
paper  currency,  as  bank  notes,  is  personal  property. . .  .3,  p.  2414,  §  1351 

Collateral  Security. 
See  aUo  PLEULiR. 
implied  power  of  bank  to  take  and  hold  stock  and  bonds  as 

collateral  security 2,  p.    859,  §    511 


611 


COLLECTION— COMrLAINT.  G441 

Collection. 

See  Hanks. 

implied  power  of  agent  to  collect 1,  p.     104,  §      C>7 

construjtiou  of  "  callejt "  iu  authority  to  a^'cat. ....  1,  ^.p.  SJ-UJ,  §      C2 
Collisions. 

See  Ships  and  Suippiso. 
Collusion. 

See  Divorce,  4. 
Color. 

as  an  impeiliment  to  mirriige 2,  n.  1297  §    705 

riylit  of   c  irrier  to  discrimiuate  between  passengerd  on  ac- 
count of  color 4^  J,.  32o-2,  §  1002 

Color  of  Title. 

See  Al.VKUSE  POSSESSIOX. 

Combinations. 
See  CoxspiRACT. 

comhinationa  of  workmen,  wlien  illpgal.l,  p.  400,  §  20:);  6,  p.  4020,  §  2409 
cuuibiuationj  of  e:nployer3  or  trad  ;rs  for  piirp  >s.33  operat- 
ing in  restraint  of  trade  or  free  einpluynient  of  Libor, 

j^legal 6^  p.  4321,  §2110 

Comity. 

See  C  mroRATioxs,  2 ;  Conflict  ok  Laws. 
Commerce. 

See  CoxsTiTrTrovAi.  Law,  8. 
Commission  Merchant. 

Sec  Factors. 
Commission. 

See  Adctiovs,  5;  Brokers  and  Factors,  4;  Principal 
A.ND  AGt.\r,  13, 
Committee. 

of  lunatics,  see  LrxATlCS, 
"Common  Counts." 

the  "common  counts "  in  assumpsit  described 7,  p.  5734,  §  3559 

Community  Property. 

community  property,  rights  of  husband  and  wife  in. . .  .2,  p.  1.'{S2,  §    7.-)2 

descent  of  community  |)Mper;y 6,  p.  5Joj,  g  3102 

"Comparative  Negligence." 

rule  of  "  comparative   uegligence"   in  Illinois,  Georgia  and 

Kansas 3_  ,,.  oijj),  §  jjOj 

the  doctrine  of,  explained  and  iduatrated 1,  p.    iiUi,  ^    :J17 

Compensation. 

of  agent,  see  Pr.TxciPAL  and  Agent,  13. 

See  also  Sekvick.s. 
members  not  entitled   to  compensition  for  conducting  bnsi- 

nu33  of  association 2,  p.  IQCD,  §    533 

Complaint. 

See  Pleading  and  Practice,  2. 


G442  coMrosiTioN — condonation. 

Composition. 

with  crcilitora,  SCO  Co3iruoMisE3. 
Compounding. 

com^jroniido  or  compoundiii!;  of  felonies,  misdemeanors,  or 
any  public  olLiiscs  illc;,'al,  and  agrcemcuts  iuvulving 
Biicli    coinproiiiiacs,   cither    ia    whole    or    iu    part, 

void 5,  p.  3999, 

Compromises. 

payment  uf  part  of  debt  no  consideration  for  promise  to 

discliari^o  residue 6,  p.  3773, 

exceptions  to  this  rule 5,  p.  3774, 

comproiiii.io  of  a  doubtful  riylit  is  a  good  consideration.. 6,  p.  3775, 

coinpositiou    ayreeenicutj    between     debtor     and     creditor 

are  good  consideration,  when  mutual 5,  p.  3775, 

creditors   may   attach  any  conditions  to    his   signature  to 

composition  .igrecment 5,  p.  3776, 

if  debtor  fails  to   fullill  condition  as  to  one  creditor,   all 

creditors  are  released 5,  p,  3776, 

misrepiesentatiou  by  debtor  as  to  the  amount  of  Ium  indebt- 
edness or  his  assets,  or  other  matters,  will  avoid 
C(miposition 5,  p.  3776, 

in  composition    agreements,   agreement    preferring  single 

creditors  are  void 5,  p.  4001, 

implied  poiver  of  agent  to  compromise 1,  p.    103, 

implied  power  of  attorney  to  make  compromises.  1,  p.  2S'2  to    28."), 

factor  no  authority  to  compromise  debt 1,  p.    422, 

Concealment. 

See  Fal.se  RErRE.SESTATioNS;    L«'SCKA>'ce,  2,  L 
Conditional  Estates. 

Sue  Heal  Piiopeutv,  4. 
Conditional  Limitation. 

conditional  limitation,  what  is,  efTect  of 0,  p.  4502, 

Conditions. 

iu  wills,  see  Wills,  5. 

precedent  and  subseciuent,  see  also  Real  PRorERTV,  4. 

mutual  conditions  precedent  when  dependent  and  when  in> 

dependent  of  each  other 5,  p.  4152, 

part   performance  or  defective    performance  of  condition 

precedent  not  suilieient 6,  p.  4154, 

in  what  manner  may  performance  of  conditions  precedent  be 

waived  or  discharged 6,  p.  4155, 

contract  may  be  terminable  on  happening  of  condition  sub- 

se([nent 5,  p.  4159, 

performance  of  conditions  subsequent   excused  by  act   of 

(ioii 5,  p.  41G0, 

Condonation. 

See  DivoiiCE,  4. 


§2397 

§  2?-A 
§  22.-)  1 
§  2251 

§  2252 

§  2252 

§2252 

§2252 

§  2;]99 
§  07 
§  171 
§  229 


§2763 


§  2503 
§2509 
§2510 
§2511 
§2511 


CONFESSIONS — CONFLICT  OF  LAWS.  C443 

Confessions. 

See  EviDKVCF,  1, 
Conflict  of  Laws. 

law  of  state  has  no  force  beyond  its  jurisdi  tion  except  by 

coi'ity 7,  J,.  5S30,  §3713 

rule  of  comity  cannot  prevail  so  as  to  allow  a  forii.;u  law 

to  counteract  general  proliil.itory  law 7,  p.  CS30,  §  3715 

comity  docs  not  extend  to  recognition  of  liens  given  by  for- 
eign law,  wlicn  it  would  operate  pit juilicially  to 
ri-lits    of    otheis    in  country  wlicro    lieu    asserted 

7,  p.  :S30,  §  3715 
statute  law  of  another  state  will  be  enforced,  if  not  a;,'aiii.-it 
pul)lic  policy,  whcu  such  law  has  entered  into    con- 
tract   7,  p.  5S30,  §  371 3 

comity  is  overruled  by  positive  law 7,  p.  5j30,  g  3715 

courts  of  state  from  which  statute  taken  will  follow   c^n- 

struttion  of  state  enacting  it 7,  p.  r,S?>],  §  3710 

law  of  other  stiites  presumed  to  be  common  law 7,  j),  5S31,  §  3715 

contracts  in  general  governed  by  law  of  what  place 

5,  p.  375S,  §  '2-2i2:  7,  p.  5S31,  §  3715 
contract  contra  honos  mores,  though  legal  in  country  where 
made,   will  not  be  enforced  in  courts  of  anc/ther  state 

or  country 7,  p.  5S34,  §3716 

nor  where  contrary  to  the  statute  or  public  policy  of  latter 

state,  or  is  to  tb'  detriment  of  its  citizens 7,  p.  5S34,  §  3716 

state  will  not  enforce  contracts  made  elsewhere  by  its  citi- 
zens,   if    they    are    in   violation   and    fraud  of    its 

laws 7,  p.  5S3 1.  §  3716 

contract  void  where  made  is  void  everywhere 7,  p.  5S34,  §  3716 

title  to  and  conveyances  of  real  property  governed  by  what 

law 7,  p.  5S35,  §  3717 

title  to  and   conveyauces  of  personal  pro^  crty  governetl  by 

what  law 7,  j,.  55=30,  §3717 

contracts  of  conveyance  governed  by  what  law 7,  p.  5S37,  g  3713 

validity  and  construction  of  negotiable  in.:>truuieuts  governed 

bylaw  of  what  state 7,  p.  5S3S,  §3710 

measure  of  damages  in  actions  against  parties  to  negotiable 

instruments,  how  governed 7,  p.  5S41,  §  3719 

sales  of  property  governed  by  laws  of  w  hut  ttate 7,  p.  5S4'J,  g  37JO 

transfer  of  stock  governed  by  laws  of  \\h;;t  stale 7,  p.  5S43,  S  oTl'l 

voluntary  assignments  of  personal  property  governed  by  laws 

of  what  state 7,  p.  5S43,  §  3722 

rule  as  to  voluntary  assignment  of  real  property 7,  p.  584"),  §  37'J3 

rule  as  to  involuntary  assignments 7,  p.  5S45,  §  37i'-4 

foreign  bankrupt  or  insolvency  laws  and  discharges  in  bank- 
ruptcy proceedings  ha\e   no    extra-territorial    force 

7,  p.  6S46,  §  3724 


C414 


CONFLICT  OF  LAWS— CONFUSION  OF  TROPERTY. 


Conflict  of  Laws-  (Continued.) 

marriage  valid  where  celebrated  valid  everywhere;  marriage 
invalid  in  cotiiitry  where  celebrated,  invalid  every- 
where; ri^'lits  dependent  on  nuptial  contract  are  gov- 
erned by  what  law 7,  p.  .'>S47,  §  HTM 

divnrce  v.ilid  w!:ere  ginnted  is  valid  everywhere 7,  p.  5Sj1,  §  37-8 

aliter  as  to  divfjri'e  obtained  abroad  by  fraud,  or  granted 

without  jurisdiction 7,  p.  CSol,  §  372Q 

questions  of  minority  or  majority  of  infants  are  governed  by 

what  law 7,  p.  5S52,  §  n723 

mortgages',  validity  and  constiuction  of,  governed  by  wl.at 

law 7,  p.  CS52,  §  37'23 

wills,  validity  and  constructiou  of,  governed  by  what  law 

7,  p.  5F55.  §  3729 

validity  of  gift  ciusa  mori'm 7,  p.  5^57,  §  37129 

desc»i..t  and  distribution  of  real  and  j  crsonal  estate. .  ..7,  J'.  f)Sr)7,  §  3730 

penal  laws  of  one  country  have  no  operation  in  another. 7,  p.  5S00,  §  3731 

action  to  recover  penalty  imposed   by  statute  will  not  lie 

outside  of  state  which  enacted  law p.  SSGO,  §  3731 

tort  being  personal,  rcdrtss  may  bo  sought  wherever  wrong 

doer  foun.l 7,  p.  RSOl,  §  373V 

inj'iry  to  person;  law  of  which  state  governs 7,  p.  5SG1,  §  3732 

causes  of  actioD  ari.'sing  under  statutes  of  one  state  may  be 

enforced  in  another  state,  when 7,  p.  5SC4,  §  3733 

action  for  trespass  to  lands  in  a  fordgn  country  cannot  be 

sustained 7,  p.  CSC2,  §  3733 

remedy  under  ttatutrs  giving  action  for  injury  causing 
death  local,  and  action  can  only  be  brought  in  state 
who.se  statutes  give  it,  and  where  the  killing  and 
death  took  place 7,  p.  fiSOn,  §  3733 

remedies  upon  contract  regulated  by  law  at  what  place. 7,  p.  CSOG,  §  3734 

defenses  to  action  regulated  by  law  at  what  place 

7,  p.  r.8C8,  §  373G;  7,  p.  5SG7,  §  3735 

regularity  of  jirooecding'*  by  which  personal  property  at- 
taclied  and  sold  I  nder  execution  determined  by  law 
of  the  state  in  which  proceedings  had 7,  p.  5SCS,  §  3737 

form  of  judgment  to  be  rendered  and   of  executinns  to  be  is- 

fcued  must  cnnfonu  to  Icx/ori  7,  p.  flSGS,  §  3737 

limitation  on  act. on  as  to  time  regulated  by  the  law  of  wl  at 

state 7,  p.  f)SG!),  §  3733 

questions  of  evidence  are  exclusively  for  lex  fori. 7,  p.  5870,  §  3739 

rate  of  interest  governed  by  what  law 7,  p.  CS70,  §  374'J 

dower  is  assigned  uniler  law  iu  force  at  time   of   husliand's 

death 3,  p.  1123,  §  77U;  2,  p.  1409,  §  773 

Confusion  of  Property. 

coniusion  deliiied 3,  p.  2.^a'>,  §  1313 

title  by 3,  p.  2390,  §  1313 


CONFLSION  OF  1-ROPEllTY— CONSPIBACY.  G41o 

Confusion  of  Property  -{Continue.l .) 

by  n.iscon.lu.t  of  larty 3.  p.  S.IOfi.  §  ini9 

ly  consent  of  ,,art.c..s 3.    ..  L'^S   §  l.TJO 

Ly„..takeofp:u.ty 3,    ...<.:        K^:: 

by  act  of  s  ra„,,er 3.  p.  L':j;.;..  §  I..-, 

by  ...cv.taWc.  .,:ci,lent 3 

'•>"•'■"•  ""y"- 3,  p.  UIOU   SUM 

a;,'ent  must  not  mix  bis  prop.  ,fy  „ith  tl.atof  prin-  ipr.1.1   p     1;m'  s      .ji 
where  a-ent  .lop,„its  money  ,.f  prindMal  j,,  i.^uk  in  his  own 

name,  ho  is  liable  for  lo^s  if  l.ank  fail l   ,,.     134  §      9, 

where  agent  mingles  prinoipals  money  with  hi-,  own  81  that 
It  cannot  b.i  followol,  prinoii)al   cannot   recover  it   specif- 

,       ^'^"y • l.p.     134.§      91 

rule  where  property  of  third  person  is  mixed  with  property 

of  defendant;    lialulity  of  sherilF  m.dsii^r  k-vy  .  .7,  j,.  C030  §  3S'>7 
proparty  of  defendant  mixed  with  another's  liable  t)  attach- 

,        """' ,-. 7,  p.  55.12,  §  3553 

wuen  mortgagor  mixes  his  goods  with  others,  all  become 

Connivan'oo.''"-""'"""'"'^ 6,  „.  =012,  S  308. 

.See  Divorce,  4. 
Consanguinity. 

cohsangninity  as  an  impediment  to  marriaffo 2   n   l"Or.  6    7ru 

Consent.  ....*,  p.  i-jo,  3    <U4 

See  Assault  and  BAXTEny;  DxvoncE. 
Consideration. 

Sec  CoNTKACTS,  2;  Neootiabi.e  Isstrcmexts,  7;  Pavmevt. 

check  imports „    '      .-, 

deeds  of  sej-aration  do  not  n  qnire  a 2*  p    14  '5'  S    "IS 

Where  note  is  given  to  attorney  for  fee,  deatli  of' maker  at       "  '        ' 
Lauds  of  mob  before  tiial  constitutes  partial  failure  of 

^                                                                      1-  P-    350,  §  209 

marnago  a  sufficient  to  sustain  a  m.irri:ige  settlement.  .2.  p.  1365  §  753 
special,  ne  essary  to  8Ui)port    restrictive  contract  of  com- 

mon  carrier..      4,  p.  31(13,  §  1^13 

gratuitous  agent  not  liable  for  refusing  to  undertake  or  for 

duties  of  agency ,     ,     j  .^ 

but  once  umlertak.n,   he  is  liable  for  disre^-arding  instruc- 
tions whereby  loss  occurs  to  principal 1    „      l'>fl  s  -a 

Consolidation.                                                           ••••■i,  p.    i-u,  ^  .3 

Sju  also  CoiiPou.VTioNS. 

of  eorpoiatious 1,  p.  014,  §  3-17;  1.  p.  CIO.  §  .340;  1.  p.    C42,  §    378 

Conspiracy.  *  .  a    o«o 

See  Acnoxs. 

detinel   o        ,-0-    „ 

3,  p.  17^5   §  10J7 

notactioinble  unless  resultin,'  in  dmiage  to  plaintilF. .  .3.  p.  17S5,  §  lot; 
and  something  is  done  in  pursuance  thereof 3   »   ITS-,' s  11117 


G44G 


CONSriRACY — COXSTlTUTIONiVL  LAW. 


Conspiracy  -(r<)ntinii<il.) 

casi's  in  wliicli  oipiisi'ir.ioy  licM  not  nrtinn.iMo 3,  p.  1TS7.  §  1017 

each  eon- jiiratnr  liiilile  for  acts  of  others 3.  p.  IT'.'l,  §  lOlS 

cviJfiicu  iclcv.iiit  to  prove  C(  iinpiracy 3,  p.  IT'Mi,  S  101!) 

cviilenccc'fiUflaiation  of  conspirators,  whenndinipsiMcS,  p.  1797,  §  1<'49 
attorney  Ii;iMr  f^r  o^n^i'lring  to  oht.iin  ni'jnst  rcwaid,..!,  p.  258,  §  154 
action    will    not  lie  for  consi'irin^  iu   refuse  ill^nl'dncc  (Jii 

plaintiirs  property 3,  p.  1711,  §  1010 

when  uoiiil'ination  of  wcpiknitn  not  ilh'ual 1,  p.    490,  §    '290 

a;;rocnit-nt  hetwecn  nicnihers  of  society   not  to  ship  sailord 

below  Hpi'cilicil  rate  of  wMijus  not  criminal   1,  p.     500,  §    ?90 

nor  agitcniont  not  to  teach  new  hanil  tiailc  of  uienihcrs  ■\vith- 

ont  corrant  tif  society 1,  p.    500,  §    290 

conspira'-y  to  olitain  a  sum  of  money  fnuii  an  enijiloj-er  hy 

inducing;    his    woiknicn  to  leave  him,  and  deterring 

othcM  fiotn  en;,'a^'iii!,'  with  !iim,  ilK .; il 1,  p.    50O,  §    290 

associat'ou  designed  to  coi-rco  workmen  to  liocome  ni'Mnlier<>, 

or  to  dictate  terms  to  ein[>loyer3  by  means  of  threats, 

illegal 1,  p.    500,  §    200 

Constitutional  Conventions. 
See  CoN.sriruTioNAL  Law,  2. 
Constitutional  Law. 

state  rcj^ulation  of  fishing,  sec  Fisn. 

as  to  control  of  state  over  streams,  sco  Waters  an'T>  Water* 

COUKSES  4. 

See  also  Okkiclr-S  an'd  Offices;  Eiiint.nt  Domain;  Taxa« 

TION. 

1.  CoNSTITLTtOSAL  T.AW  IN  GeNEUAL. 

2.  Constitutional  Convkntions. 

3.  LEtilSLATlVE  PoWKliS. 

4.  Statltks.     See  Staittes. 

5.  Judicial  PowEii.     See  also  .TrnTsnirrTov;  .Trnr. 

6.  REiuospiccriVE   Laws;   Laws   l.MPAiKiNa  Oblhiatiom   o» 

Co.NTUAcTs;  Ex  Post  Facto  Laws. 

7.  Reoci.ation  o'  Co.mmeiice. 

8.  Police  Puwek. 

1.  CoiiftitKtiiiiKil  Low  in  General, 

••constitution"  defined 7,  p.  5S77,  §3741 

when  is  law  unC():istitutional 7.  p.  5S77,  §  .'1741 

legislature  acts  under  delegated  anth  rity 7,  p.  5S77,  §  3741 

person  may  waive  constitutional  jirovision  for  his   benetit, 
except  where  compliance  with  it  absolutely  required, 

7,  p.  r.S78,  §  3741 
one  who  procures  passage  of  an  act,  or  derives  interest  from 

it  cannot  repuiliate  act  as  unconstitutional 7,  p.  5878,  §3741 

rules  concerning  construction  of  statutes  apply  to  construc- 
tion of  constitutions 7,  p.  5S78,  §  3742 


290 


CONSTITUTIONAL  LAW.  Ctl47 

Constitutional  Law-(Continiie(l. ) 

coiiteiiii.or.im;uiucui,«tructioii(.f  oonstitntioiifdllow}.!..?,  p.  .^873,  §3742 
pruvisioi.8  borrowed  from  ollitT  «t,ito,  coiutruotioa  l.y  ctirts 

^!''^"'*^'^' 7.  p.  5S79,  §  374-J 

expression  of  one  tliin-  in  uxolusiuu  of  tliiii-  iiot  ej prcs.su.l, 

.  ,  ., .,.  7,  p.  5S79.  §  3742 

m  iil.it.ons  arc  implied  as  w.-ll  as  expressed 7,  p.  5379,  §  3742 

Wliere  irri-cunciliil.lo  coiillict  Lutw.H-ii  two  provision!  of  con- 

stitutiou,  more  comprolio.isivo  and  bpueilic  control, 

,  ,  .  7.  p.  5379,  §  3742 

words  used  in  a  constitution  accorded  popular  rath;r  than 

teoluiical  sii..>ilic;ition 7,  j,.  5379^  g  374.J 

word    'l.iw.-'si-nifies  statute,  bill  or  Io-i>lativo  cna.  tmunt- 

meut,  regardless  of  its  coustitutiouality  or  validity, 

7.  p.  5879,  §  3742 
courts  liavo  power  to  declare  acts  of  legislature  uncon.sti- 

*"^'""»' 7.  p.  5SSL',  §374t 

power  should  only  he  exorcisL'd  by  superior  c.mrts 7,  p.  5SS3,  §  3744 

decision  of  court  of  final  resort  is  binding  on  all  other  courts 

until  reversed 7   p   5333  g  37^ 

court  will  not  declare  statute  void  unless  absolutely  neces- 
sary to  determination  of  a  cause  before  it 7,  p.  5SS3  §  3745 

nor  in  absence  of  majority  of  judges 7   p  5333 '  a  3743 

nor  in  prel.n.inary  proceedings  in  case 7,  p.  5383,  §  3745 

nor  at  the  suit  of  mere  vohint  -er  or  one  whose  ri-hts  not 

"t"'"'' 7.  p.  5SS3,§3745 

nor  where  statute  does  not  infringe  some  provision  in 

constitution 17   „    -001    at-i- 

presumption  is  in  favor  of  vali.lity  of  statutes 7,  p.  538.1  §  3745 

persons  acti-.g  under  unconstitutiimal  statutj  liable  as  tres- 

....     PTfr • 7.  p.  5SSfi,  §  3746 

liability  of  olhcjrsa.jtingund.runc.mstitutional  statute. 7,  p.  5S8J,  §3740 
persons  may  be  enjoined  from  acting  under  unconstitutional 

,.,,    .''*'*;?'•;••; 7.p.5S86,§3746 

bills  issued  by  b;ink  under  unconstitutional  law,  void.  .3,  p.    cjc;},  §    536 

unconstitutional  statute  no  defense  to  action  against  carrier 

for  refusing  to  carry 4^  p,  gog^^  g  ,.9^ 

contract  in  violation  of  constitution  of  United  States, 
whether  mule  by  United  States,  a  state,  or  an  indi- 
vidual  invalid 5,p.39Dl,§2393 

constitutional    limititions  on    power  to  charter    corpora- 

2.  ConMUutccZi  Co,ivaitions. ^^  ^'    ^^' ^    ^^ 

writt.u  constitutions  of  the  states  adopted  in  constitutional 

conventions 7,  p.  5880,  §  3743 

power  of  territrries  to  adopt  constitution  with  consent  of 

*""«'«" 7,  p.  5880,  §3743 


644S 


CONSTITUTIONAL  LAW. 


Constitutional  Law— (Continued, ) 

constitutiiiu   not  oiicrativo  until  adopted  by  pcoplo  at  elec- 
tion  7.  J,.  r)SSO,  g^TH 

constitution  nny  Iw  amen  led  or  r  ■vis<ul  or  alti  lo  I  liow  .7,  ]>■  5SS0,  §  i<7-i3 
amondnient  doei  not  bi'conic  opu  ativo   by  vote   until  after 

onicial  pioniuli,'ation  of  result 7,  p.  .'iSSO,  §  37 13 

amondn<cnt  ctn  bo  made  only  in  form  provided  for  in  eon- 

Hti tution 7,  p.  5=80,  §  37 13 

supreme  court  Ins  power  to  dot  rmiiio  whether  amend  mi  iita 

have  been  legally  prop  iHod  and  r.itilii!  1 .  , 7,  l>.  5SS0,  §  3743 

where  convention  called  to  amend  eonsbitiitiiwi  in  certain 
part,  amendments  to  utiier  parU   cannot  be  siibmt- 

ted 7,  p.  5831,  §?1743 

convention  has  no  power  to  pass  an  urdinanee  repealing  a'.'ts 
of     state     legiiilature,     under     which    rights     have 

vested 7.  p  5SS1,  §37-13 

has  no  power  to  grant  new  trinls 7,  p.  5S3l,  S  o713 

where  convention  has  acted  within  scope  of  power?,  errors 

of  procedure  cannot  be   'Kiuired  into  by  ourts. ..7,  i).  5SS1,  §  3743 
where  legislation  necessary  to  give  f  fTejt  to  jirovision,  laws 
in  force  at  the  time  remain  in  force  until  such  h  .i^is- 

lation 7,  p.  5S81,  §  3741 

prohibition  in  constitution  against  local  or  special  legislation 

is  prospective  only 7,  p.  5881,  §  3743 

does  not  repeal  local  statutes  containing  provisions  inconsis- 
tent therewith 7,  p.  5881,  §  3743 

constitutional  convention  may  print  and  2)ublis!i  its  proceed- 

ingg 7,  p.  5882,  §3843 

SL  Legislative  Powers, 

powers  of  the  federal  government 2,  p.  993,  §  552;  7,  p.  5SS3, 

whatever  not  conferred  on  is  reserved  to  states 7,  p.  o8S8, 

conflict  between  stitutes  and  treaties 7,  p.  5sSi), 

state  law  must  yield  to  federal  law 7,  p.  5SSS), 

state  law  must  not  conflict  with  federal  constitution.  ..7,  p.  SSS!), 

state  law  does  not '  ind  federal  ollicers 7,  p.  58 S9, 

state  constitution  cannot  proliibit  federal  judges  from  charg- 
ing on  questions  of  fact 7,  i).  5STO, 

powers  of  the  states 7,  p.  5S;)(). 

conflict  between  state  and  federal  laws. 7,  p.  5889,  §  3750;  p.  58!);), 

legislature  cannot  interfere  with  executive 7,  p.  5S  H , 

cannot  submit  law  to  decision  of  peop'ts 7,  p.  AS;)J, 

cannot  delegate  its  powers 7,  p.  5S9I , 

when  delegation  of  legislative  power  permitted 7,  j).  5S92, 

validity  of  "  local  option  "  laws 7,  p.  5834  n, 

legislature  cannot  bind  its  successors 7,  p.  5S9">, 

legislature  cannot  pass  irrepealable  law 7,  p.  SSO"), 

legislature  may  make  contract  to  bind  it  in  future  .  ...7,  p.  58J5,  §  3754 


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.{749 


CONSTITUTIONAr,  LAW.  C44!) 

Conatitutional  Law    (i  ontinurd  ) 

upnoial  or  loi;:il  lo;,'iiliiti<)n  pruliil.itfil  in  aoino  states. .  ..7,  p.  S'flr),  §  .17">5 

Mliiit  lire  "  local  "  or  "  Hin'riil  "  laws 7.  ji.  '.siMI,  §  itT'ii 

what  aro  "  juivate  or  local  "  a  "ts   7,  |i.  Sb'JS,  §  .'{T.lii 

lo^jislatiiro  lia^i  no  power  to  ;;raiit  pirs  iial  prlvilci^oM  or  siis- 
peiul  operation  of  general  laws  in  fav<ir  of  imliviihial 

7.  p.  fiS'JO.  §  .ITS? 
constitutional  provisions  proliihiting  granting  spo  ial  privi- 
leges   7,  p.  .'•,S0!>,  S  .S757 

what  laws  ilo  and  do  not  fall  tlicrc>nii<lrr 7,  p.  .'iSStl.  §  .'IT.TZ 

exemption  from  jury  service  unconstitutional  when. . .  .7,  p.  GbOD,  §  3757 
4.  StitlulfH. 

See  STATHTPfl. 

6.  Jndiciiil  I'ou'cr, 

legislative  interforence  with  judicial  power  invalid  and  snch 

laws  unconstitutional 7,  p.  C942,  §  378.1 

illustrations  of  laws  held  invalid;  authorizing  part  of  the 

court  to  act 7,  p.  5943,  §  .3783 

declaring  forfeiture  of  salary  of  judge  for  failure  to  perform 

his  duties 7,  p.  5043,  §  .37S3 

requiting  judges  to  prcj)are  sijllnhi  of  their  decisions 7,  p.  594.3,  §  378,T 

requiring  supreme  court  to  give  reasons  for  decisions  in 

writing 7,  p.  59 1.3,  §  37S:1 

conferring  judicial  power  updu  any  person  or  trilmnal.  .7,  p.  5U43,  §  3783 
transferring  power  wliicli  helongs  to  a  judge,  to  a  jury,  or 

to  any  other  person  or  body 7,  p.  5943,  §  3783 

law  which  exercises  judicial  i)owcrs  hy  detcrnn'ning  ri^'hts 

of  i)artic3 7,  p.  5943,  §  3783 

directing  what  shall  ho  the  d(cision  of  the  supremo  court  in 

a  particular  ease,  or  where  the  judges  arc  equally 

divided 7.  p.  .'5943,  §  .3783 

giving  clerk  of  a  court  jiowc  r  to  fix  tlio  amount  of  linil,7,  p.  5943,  §  3783 
giving    master  commissioners  authority  to  grant  writs  of 

habeas  cor/nis 7,  p.  5043,  §  3753 

legislature  cannot  deprive  the  supreme  court  of  its  revisory 

jurisdiction 7,  p.  5943,  §  3753 

cannot  impair  appellate  or  original  jiower  of  supremo  court 

7,  p.  5944,  §  3783 

may  regulate  mode  of  taking  appeals 7,  p.  5914,  jj  ,3783 

use  of  writ  of  ccrtiumri 7,  p.  5944,  §  3783 

rules  of  pleading 7,  ,,.  594 1,  §  3783 

continuances  and  new  trials 7,  p.  5944,  §  3733 

cannot  limit  jurisdiction  of  court  conferred  by  constitution 

7,  p.  5944,  §  3783 
legislature  cannot  declare  what  the  law  has  been  or  is,  or 

decide  between  adverse  claims 7,  p.  5944,  §  3783 

illustrations  of  statutes  he  d  invalid  under  this  rule 7,  p.  5944,  §  3783 


C4uO  COXSTITLTIONAL  LAW. 

Constitution ai  Law    (('••ntiiimd.) 

caniiut  auMigii  tti  juiliciary  iitiv  tlu'ies  Imt  ^uoh  nn  nrc  jmlirhl 

7,  I),  now,  8  3783 
judicial  interference  with  lvgi»lntive  ur  executive  powciH  is 

invalid 7.  |'.  5!»47,  g  :»784 

except  to  inf  tni-  m  -re  miii'i'terial  net* 7,  J).  6JI47,  §  3784 

Out  if  tlio  law  leave*  it  dii-cretionary  witli  the   ofHcer  or 

the  depai  tment 7,  p.  5047.  §  3784 

courts  have    no  jurimliction   to  i«*ne  a  imnnlnmiis  to  cum- 

jiel  yiivenmr  to  jh  rf.irrii  an  act  ri  (jKJrrtl  hy  l;iw...7,  p.  5947,  §  3784 
court   ni.iy  ai'<iuiro  juri;idietiiin    of  governor  hy  liia    con- 
sent  •;,  p,  50t8,  g  37S4 

•*  due  pioeess  of  law  "  what  is .7,  p.  5i)r)4,  S  3788 

6«  liitriinpertire  Lmr^^Liuri  Imji-uring  Ohliij'itinn  nf  Cotilrni-I*. 

retrospective  laws  not  inhihited;  when  not  permitted. 7.  p.  C072,  §  3850 
laws   inipniring   oMij,'ations   of  contrnet  proliiliited  to  the 

states 7,  p.  G072,  §  38.')! 

what  is  the  "ol.lij:ation"  of  the  contract 7,  p.  G(l7."!,  S  3S."il 

what  laws  impair  "ol>!i;,'ition" 7,  1'.  (5073,  §  3S.>1 

jirohihition    is    confintd    to     laws    passed  after  contract 

made 7,  p.  0073,  §  3851 

immaterial  whether  they    orij.'ina<o  from  h'gi.slaturo,  state 

convention  or  (•tale  coiistitution 7,  p.  G073,  §  3851 

what  contracts  are  incliiderl 7,  p.  0073,  §  3Sri2 

executed,  executory  and  inij'lied  contracts  inelu<led..7,  p   (Ki73,  §  3Sr)2 

so  are  the  contracts  of  state  its*  If 7,  p.  G073,  §  3S52 

BO  are  contracts  of  i.ur(ty.-hij>  or  secondary  liahility.  .7,  p.  (i<'73,  §  3852 
"oldigatiou"  of  contract  inchides  the  remedies  upon  it. 7,  p.  G074,  §  38.')2 

what  contracts  iv A  ineluikd 7,  p.  Gl-i7">,  §  38.")3 

statute  prohihitini;  making  of  contracts 7,  p.  G07t:,  S  3S53 

statute  which  renii-vcs  in. pediment,  and  allows  contract  to 

be  enforced. 7,  j).  G075,  §  3S53 

a  law  wliich   nurelj'   varies  consifiuences,  without  clian- 

gipg  character  of  contract 7,  p.  Gf>75,  §  3853 

contract  of  marria;.'c  not  within  prohibition 7.  p   G075,  S  3S53 

judgment  not  a  '•e<intract'' 7.  p.  G(i7(i,  S  3S."i3 

nor  re;^i.stry  laws 7.  p.  Gt)7(!,  ^  3S53 

nor  previous  judicial  de^i^i'n-• 7,  p.  GOTO,  §  3653 

federal  government  iis  not    within  the    coiibtihitional  pro- 
vision  7.  p.  G07fi,  §3853 

exemption  laws  are  uncoi-f-titutional  when 7,  p.  (.070,  g  .Sh."}! 

laws  changing  rate  of  interest  unc.in^titution.TJ  when.  ...7,  p.  G07C,  §  3S55 
■tatute  providing  fur  interest  on  delits   not  before   drawing 
interest  uncon.^titutional  as  to   debts  CiUttructed   be- 
fore its  passage 6,  p.  4004,  §  2440 

stay  laws,  when  and  when  not  con.stitutional 7,  p.  G077,  §  3-550 

public  or  private  statute  not  a  "  contract" 7,  p.  6078^  §  3S57 


CONSTITUTIONAL  LAW. 


6401 


Constitutional  Law— (Continued. ) 

nor  grunt  of  ini viluge  to  d  i j)'  rntionJi 7,  p. 

nor  grunt  of  exemption  to  imlividu.'ls 7,  p. 

nor  riyht  to  recover  statutory  i)enulty 7,  p. 

nor  goverinncntal  riglits 7,  p. 

nor  cdiitniuts  relating'  to  public  prnporty 7,  p. 

nor  grunt  of  privik'g<!  to  niiinioipal  cori>iirations 7,  p. 

nor  ti'i III  of  pulilic  olfiie  nor  its  emolununts 7,  p. 

nor  riglit  to  tax 7,  [>. 

nor  riglits  in  expectancy 7,  p. 

rules  of  (leHceiit  may  be  cliani,'r(l 7,  p. 

incipient  rights  not  perfccteil,  given  l)y  statute 7.  p. 

qualities  annexeil  to  estates 7,  p 

charters  are    "  contracts "    wiiich   cannot  bo  rcpoaleil    or 

altered 7,  p. 

bank  charier  a  "  contract  " 2,  p. 

legislature  cannot  create  or  take  away  rights  of  action  for 

1  :   ^  acts  7,  p 

no  vested  right  in  r'Mneilies;    state  may  change  them  'ven 

as  to  wrongs  already  committed 7,  j". 

logis'ature  may  alter  rules  of  evidence,  or  ch.inge  burden  of 

proof 7,  p. 

defects  and  errors  in  conveyances  may  be  corrected  liy  rctio- 

Bpective  laws 7,  p. 

80  as  to  defects  or  irregularities  in    judicial    proceed- 
ings  7,  pp.  COS!)  CO!)  \ 

statute  of  limitations  when  reasonable  may  bo  applied  to 

existing  contracts 7,  p. 

right  bai  red  by  statute,  cannot  be  revived  by  retrospective 

legislation 7,  p. 

defense  of  statute  of  limitations  a  vested  right  which  can- 
not bo  imjtaired "J,  p. 

"  ex  po.4  /actu  "  laws,  wliat  are 7,  p. 

"bills  of  credit,"  what  are 7,  p. 

7.  Jicijiilafion  of  Commerce. 

regulation  of  commerce  prohibited  to  the  state 7.  p. 

what  is  commerce 7,  p. 

state  statutes  luid  void  as  regulations  of  commerce 7,  p. 

state  statutes  held  valid  as  not  being  regulations  of  com- 
merce   7,  p. 

duty  of  tonnage,  what  is 7,  i>. 

'vharfage  dues  are  not 7,  p. 

statutes  as  to  pilots  or  pilotage 7,  p. 

patents  and  copyrights,  jurisdiction  of  congress  as  to. .  .7,  p. 
state  statutes  limiting  or  regulating  sale  of  patent  rights 

void 7,  p. 

power  of  congress  to  establish  bankruptcy  laws 7,  p. 


C07S, 

§  3S57 

(HISS, 

§  3H(;7 

JIOTS, 

§  3s:)7 

GOTeS, 

8  3S.-,8 

GOT!!, 

S  .'H-S 

GOTi), 

§  ;(ti')a 

COT'.I, 

g  3 -co 

GUSI, 

S  3Sli'2 

CUSS, 

8  .'kSG? 

CO^S. 

S  3Sii7 

GOSS, 

§  3.sii7 

G  bS, 

§  3SG7 

GOSl, 

§  38(;3 

bJS, 

§    MU 

:oS4, 

§  3SG4 

C0S4, 

§  3SG5 

COST, 

§3SC^ 

C0S9, 

§  nsG8 

§§  3SfiS-3SG9 

0090,  §  3ST0 

CC91, 

§3870 

G091, 

§  3870 

Gl  (;•_', 

S  ."ST 7 

G104, 

§3S78 

cno2 

g3S7l 

(m-2 

§  nsTi 

G0!)4, 

S  3ST2 

GODS 

§  3.ST3 

Goyii 

§3fc7l 

GO'JO 

§  3874 

GloO 

§  3s74 

GlOO 

§3i)7j 

0101 

§  3S75 

0101 

§3870 

6452 


CONSTITUTIONAL  LAW. 


Constitutional  Law— (Continued.) 

state  bankrupt  or  insolvent  laws,  when  valid 7,  p.  GlOl,  §  nS76 

void  as  to  debts  previously  contracted .7,  JJ.  0101,  §  3S76 

state  law  eaunot  bind  du'zens  of  otlier  states 7,  p.  ClOl,  §  oS70 

legislature  may  reyulate  eultivation  and  cutting  of  ice.. 3,  p.  2431),  §  13-15 
8.  Police  Potver. 

state  eauuot  by  contract  bind   itself  as  to  police  power 

7,  p.  60S1,  §  3SG1 

the  police  power  defined;  its  extent 7,  jj.  0157,  §  S'Jj? 

state  has  power  to  regulate  marriage 7,  p.  G157,  §  3908 

state  may  prescribe  how  divorces  shall  be  obtained 7,  p.  0157,  §  3908 

state  may  regulate  education  and  schools 7,  p.  0158,  §  3909 

employments  are  subject  to  control  under  power  of  police, 

and  may  be  regulated  and  restricted 7,  p.  0159,  §  3910 

state  may  forbid  classes  of  persons  being  employed  in  occu- 
pations which  their  age,  sex  or  health  renders  unsuit- 
able  7,  p.  6159,  §  3910 

legislature  may  prohibit  doing  business  by  agent  of  foreign 

insurance  company  without  license 7,  p.  61  GO,  §  3910 

cannot  prevent  persons  from  buying  or  selling 7,  p.  6100,  §  3910 

statute  making  it  unlawful  to    make  cigars  iu  tenement 

houses  unconstitutional 7,  p.  6160,  §  3910 

state  may  forbid  practice  of  surgery  or  medicine  without 

license 7,  p.  GIGO,  §3911 

may  forbid  practice  of  law  without  lioeuse 7,  p.  01  GO,  §  31)11 

may  forbid  practice  of  dentistry  without  license 7,  p.  01 G7,  §  3911 

may  regulate  use  of  property  injurious  to  morals. . .  .7,  p.  G1G9,  §  3912 

may  prohibit  lotteries 7,  p.  0109,  S  oJ12 

may  prohibit  use  of  properly  dangerous  to  public  healih 

or  safety 7,  p.  0109,  §3913 

statutes  held  valid  under  this  p<  wer 7,  p.  0170,  §  3913 

state   may  forbid  discriminations  by   common  carriers  iu 

passengers  or  goods 7,  p.  0171,  §  3914 

may  fix  rates  of  transportation,  and  compel  submission  to 

supervision  of  commissioners 7,  p.  6171,  §  3914 

may  rtijuire  tracts  to  be   fenced  or   bo  absolutely  liable, 

or  in  double  damages 7,  p.  6172,  §  3914 

require  railroad.^  to  advertise  annually  and  adhere  throuj^h 

year  to  tariff  of  fares 7,  p.  6172,  §  3914 

require  railroad  to  establish  station  at  cert;viu  point  and 

run  certain  number  of  trains  caL:h  day 7,  p.  0172,  §  3914 

make  railroads  liable  for  damages  from  ficcs 7,  p.  0172,  §  3914 

require  railroads  to  build  and  maintain  lii^huay  or  farm 

crossings 2,  p.  1002.  §  504;  7,  p.  6172,  §  3914 

compel  railroads  to  maintain  depots  and  waiting  rooms  at 

crossings 7,  p.  6172,  §  3914 

require  certificate  as  to  color  blindness  from  engineers..  7,  p.  0173,  §  3914 


}Ji 


CONSTITUTIOXAl,  LAW.  0453 

Constitutional  Law— (Continued.) 

state  may  recjuiri)  railroads     to     check     speed,  to  rin^  or 

wliistle,  or  have  llajinien  at  certain  places 7,  p   (ilTH,  §  3f)14 

state  may  authorize  abatement  of  nuisance G,  p.  ITii'J,  g  l'*''^3 

state  miy  prohibit  sale  of  intoxicating  drinks 7,  p.  (;17:$,  g  3:i|.) 

statemay  require  license  for  sale  even  of  ini[>.)rtedIi<piTs.. 7,  p.  C17;5,  ^  oDla 

state  may  make  deders  and  owners  of  premises  lial'le  for  iii- 

jiiries  cniised  by  btiuors 7,  p.  C174,  §3915 

state  may  prohibit  exclusion  of  persons  trim   trains,  inns, 

theaters,  sclioids,  etc.,  on  account  of  race  or  color.. 7,  p.  0174,  §  391 G 

state  may  regulate  prices  and  charges  when 7,  p.  6174,  g  3^)17 

state  may  m)t  grant  monopolies  when 7,  p.  G17G,  §  3918 

statute  forbidding  reservation  of  seats  at  public  exhibitions, 
upon  sale  of  tickets  of  admission  after  opening  of 
doors,  unconstitutional 5,  p.  4353,  §  2G73 

statute    requiring  attorney  to  defend  cause    without  fee, 

void 1,  p.    322,  §    196 

statute  making  dipl  ma  of  law  school  conclusive  evidence  of 

qualification  valid 1,  p.    2CG,  §    127 

statute  admitting  to  practice  every  ptrson  of  good  moral 

character  invalid 1,  p,    20G,  §    127 

license  to  practice  law  not  a  "contract" 1,  p.    203,  §     i23 

subject  to  be  taxed  by  state 1,  p.     209,  §     123 

state  may  regulate  and  restrain  banking  business    ....  .2,  p.     857,  §    iilO 

state  may  inspect  alFairs   tf   Lank   by  ollictrs    appointed 

Vit---. 2,  p.    857,§    510 

statute  prohibiting  attorneys  from  buying  negotiable  paner, 

valid 1,  p.209n,§    123 

statute  making  directors  of   bank  resp(jnsi]j!e  for   debts  in 

case  of  insolvency,  valid 2,  p.    850,    510 

state  has  right  to  regulate  keeping  of  dogs,  and  ti  auth.rize 

their  summary  destruction 3,  p.  2477,  §  1 371 

statutes  allowing  towns  to  impose  speciiictaxfor  keeping  dig, 

and  if  tax  not  paid  to  kill  dog,  eonfititntion.il.  .  ..3,  p.  2177,  §  1371 

legislature  has  power  to  encourage  rearing  of  sheep,  and  may 

pass  a  law  to  discourage  the  keeping  of  dog^ 3,  p.  2477,  §  1371 

statute  requiring  license  fee  from  the  owners   of   dng^  con- 
stitutional  3,  p.  2477,  §1371 

statute  authorizing,  "for  the  privilege  of  keeping  each  stal- 
lion or  jack,  a  tax  equal  to  the  amount  for  whicii  every 
such  stud  horse  or  jack  shall  stand  for  the  season," 
unconstitutional 3,  p.  2477,  §  1371 

a  statute  authorizing  any  perion  to  seize  and  take  into 
his  custody  "any  animal  which  may  le  trespass- 
ing upon  premises  owned  and  occupied  by  him,"  to  be 
Bold  and  disposed  of  as  directed  by  uct,  unconstitu- 
tional  3,  p.  2477,  §1371 


G4o4 


CONSTITUTIONAL  LAW — CONTllACTS. 


Constitutional  Law— (Continued.) 

state  may  authorize  clogs  or  other  animals  "running  at  large" 

to  be  killed 3,  p.  24S4,  §  1378 

statutes  allowing  double  damages  against  railroads  for  kill- 
ing of  stock  by  failing  to  fence  tracks,  constitu- 
tional   '. 3,  p.  2343,  §  1418 

statute  rendering  railroads  liable  for  cattle  killed,  at  a  val- 
uation to  be  conclusively  fixed  by  appraisers,  uncon- 
stitutional  3,  p.  2343,  §  1413 

statute  allowing  attorneys  fees  in  actions  against  railroails 

:  \T  injury  to  stock,  constitutional 3,  p.  2544,  §  1418 

Construction. 

of  dofiviuatory  words,  see  "^lander  axd  Libel,  1. 
constitutions,  see  Constitution's,  1. 
insurance  policies,  see  Insl'Kance,  1. 
mortgage,  see  Moiitoahes,  1. 
wills,  see  Wills,  5. 

statutes,  see  Statutes,  2.    See  also  Costracts,  4,  Deeds, 
2  and  3. 

railroad  cliarters  are  strictly  construed 2,  p.    972,  §    540 

charters  of  private  corporations  construed  strictly 1»  p.    G02,  §    338 

grants  of  special  privileges  to  corporations  strictly  con- 
strued  1,  p.    C41,  §    375 

ambiguous  words  construed  strongly  against  corporation.  1,  p.    641,  §    375 
construction  of    statutes  making    stockholder.*  personally 

liable 1,  p.    831,  §    497 

doubtful  exiires.sions  in  statute  conferring  franchises  con- 
strued to  benefit  of  public 1,  p.  641,  §    375 

Constructive  Trusts. 

See  Trusts  and  Trustees,  4. 
Contagious  Diseases. 

See  Disease;  Neglioenck. 
Contempt. 

See  Injunctions. 

conimeut,  pending  trial,  a  contempt 3,  p.  2185,  §  1230 

simple  daily  report  of  legal  procceiliiigs  in  lengthy  case  is 

not 3,  p.  21S5,  §  1230 

prohibition  against  imprisonment  for  debt,  does  not  pro- 
hibit punishing  of  contempt  in  re  using  to  obey  law- 
ful order  or  decrees  of  court 7,  p.  59G4,  §  3794 

person  bringing  suit  against  receiver  without  conseLt  of 

court,  guilty  of  contempt 7,  p.  6103,  n,  §  3376 

Contracts. 

of  infant,  see  Parent  and  Child,  5. 

of  marri  ige,  see  Husband  and  Wife,  1. 

between  husband  and  wife,  see  Husband  and  Wife,  I. 

of  married  women,  see  Husband  and  Wife,  5. 


conthacts.  G455 

Contracts— (Continued.) 

with  attorneys,  see  Attorney  and  Client,  8;  Corpora- 

TIOXS,  5. 
See  also,  A-ssiosmext;  Champerty;  Deeus;  Divorce; 
False  Rephesentations;  Insanity;  Intoxication; 
Mep.ger;  Mistake;  Kewakds;  Skuvres;  Spixikic 
Pekfop.mance;  Stoppage  in  TuANsrrr;  Suiietvsiiip 
AND  Guaranty;  Services;  Waueks;  Wakilvnties. 

1.  Fon.MATioN  of  Contract. 

2.  Consideration. 

3.  Contracts  UN hek  Seal.     See  Deeds, 

4.  Contracts  in  Writing. 

5.  Pap.ties  to  Contract. 

6.  Illegal  Conthacts. 

7.  Alteration  of  Contract.    See  Alteration  of   Lnstkuments. 

8.  rERFoRMANCE  OF  CONTRACT. 

9.  Impossiiiilitv  of  Performanck. 

10.  Tender  AND  Payment.     See  these  two  titles.    , 

11.  Rescission  of  Contract. 

12.  Damages  for  Eueacu  of  Contract. 
1.   Formntlon  r>f  Covtrnrts. 

different  kimls  of  contracts — sample— contracts  under  seal — 

contracts  of  record 5,  p.  ."jyit,  §  2221 

express  and  implied  contracts  defined  and  distinguished. 5,  p.  374 1,  §  2221 

promise  implied  where  equity  and  good   cnnsjieuce  require 

one,  even  thou;;h  none  expressly  made 5,  p.  3744,  §  2221 

promise  will  not  be  implied  where  there  is  exj^ress  con- 
tract  5,  p.  3744^  §2221 

contract  will  not  be  implied  where  express  contract  would 

be  invalid 5,  p.  3744^  g  oooj 

agreement  deHned .    5,  p.  374 1,  §  2222 

parties   intention  immaterial;  law  looks  only  at  expressions 

or  words  used 5,  p.  3745^  §  2222 

intention  not  conmiuiiieated,  or  witlidi awn  before  comiiiu- 
nicated,  or  con  niunicattd  only  to  third  person,  is  in 
general  inojerati ve 5,  p.  3745,  §  2222 

contract  formal  and    ccnnpKte,  yet  understood  as   jrst,  not 

binding 5,  p.  n7tj,  §2222 

promise  defined 5,  p.  374.5^  §  0003 

promissory  expressions  do  not  constitute  i)romiso,  and  can- 
not make  contract 5,  p  3745,  §  2223 

promise  not  as-ented  to  by  promisee  not  binding  ujmn  prom- 

>«"«■ 5,  p.  3746,  §2223 

representat'ons,  when  binding 6,  p.  3747,  8  2224 

party  making  representation  on   which  another  acts  may  be 

estopped  to  deny  its  truth 6,  p.  3747,  §  2225 

warranty  defined 6,  p.  3747,  §2226 


G456 


CONTliACTS. 


Contracts  -  (r'ontinueil.) 

wlioii  repiesi'iitatioiis  arc  not  warranties 5,  p.  "7 -IS,  §2227 

a  contract  may  lie  m  !<le  by  letter 5,  p  .'i74S,  §  2*223 

offer  caiiniit  bfconie  liiniling  u|Hin  party  inaKiiig  it  or  party 

to  whom  made,  witlioiit  hitter's  acccptauue 5,  p.  374S,  §  2229 

acceptance  may  be  implied 5,  p.  374S,  §  2229 

promise  made  to  any  one  who  will  do  certain  act;  person 

doing  it  entitled  to  enforce  it 5,  p.  3740,  §  2230 

offer  of  reward  when  accepted  constitutes  a  complete  con- 
tract  5,  p.  3749,  §2230 

And  see  Rewards. 

offer  must  be  accepted  as  made 5,  p.  3752,  §  2231 

if  acceptance  be  made  with  condition  or  qualification,  there 

is  no  contract 5,  p.  3753,  §  2231 

offer  and  acceptance  must  be  between  persons  who  intend  to 

contract 6,  p.  3753,  §  2231 

to  constitute  contract,  parties  must  assent  to  same  thing  in 

same  sense 5,  p.  3753,  §  2231 

acceptance  mu-t  be  communicated  to  offerer 5,  p.  3754,  §  2232 

acceptance  of  offer  by  post  or  telegraph 5,  p.  3754,  §  2233 

An<l  see  Post  Office. 
offer  remains  open  and  must  be  accepted  within  a  reason- 
able time 5,  p.  3755,  §  2234 

offer  may  limit  its  own  continuance,  and  then  comes  to  an 

oiul  by  mere  lapse  of  time 5,  p.  37 5G,  §  2234 

offeror  may  prescribe  jilace  or  form  of  acceptance,  and  cm 

only  be  accepted  in  that  way 5,  p.  0758,  §  22.'>4 

offer  may  be  revoked  at  any  time  before  acceptance 5,  p.  375G,  §  2235 

revocation  must  be  comtnunicated  to  person  to  whom  off^T 
made  before  or  at  time  of  his  communicating  accept- 
ance  5,  p.  375a,  g  2235 

offer  may  bo  revoked,  although  it  expressly  allow?  certain 

,.  ^y         time  for  acceiiting  it 5,  p,  375G,  §  2235 

not  when  there  is  agreement  that  party  may  acce[)t  it 

within  certain  time 5,  p.  3750,  §  2235 

revocation  of  offer  made  by  post 5,  p.  3757,  §  2236 

acceptance  may  be  revoked  before  vicoive  1  by  offerer,  .5,  p.  3757,  §  2237 
offer  is  revoked  by  death  of  offerer  or  olFereo  before  accept- 
ance  5,  p.  3757,  §  2233 

after  rejecting  offer  party  cannot  accept  it  without  new 

offer 5,  p.  3758,  §  2239 

an  offer  is  not  assignable 5i  p.  3753,  §  2240 

contract  is  considered  made  at  time  of  acce^itance  and  not  at 

time  of  offer 6,  p.  3753,  §  2241 

contract  is  considered  as  entered  into  at  place  where  accept- 
ance is  made 6,  p.  3758,  §  2242 

contract  must  be  mutual — /.  e.,  biudiug  on  both  parties.  5,  p.  3759,  §  2243 


COXTItACTS. 


Glol 


Contracts— (Continued.) 

promiae  la  :kin^'  mutuality  at  incejjtimi  becomes  bindin;^  on 

prjiiiisor  jifter  j);!  fonnanci;  hy  proinisoo 5,  ]>.  ?,'oO,  §  2243 

where  party  tn-aLs  writt  n  cojitrai-t  as  biinlin.',  such  coiitr.ict 

U'lt  Void  for  want  of  mutu  vlity 5,  p.  375^,  §  2243 

want  of  mutuality  no  objection  in  cjiity  if  the  agreement 

signed  by  [i  irty  to  be  charged 5,  p.  37,")').  §  22 13 

implied  power  oi  attorney  to  contra  t 1,  p.    2  J,  §    171 

waving  contract  and  suing  on  tort 3,  p.  17:JS,  §  1026 

waiving  tort  and  suing  on  contract 3,  p.  I7;{ ),  g  l()_>7 

trust  does  not  lesult  from  mere  bre.ich  of  contract 4,  p.  3127,  §  2j13 

2,  CoiislileratUm. 

promise  without  con  =iid oration  not  binding 5,  p.  3701,  §  22ti 

Co.isideration  dctuied 5,  p.  .37()-,  §  2-'44 

need  not  bj  of  pecuniary  value 5,  p.  37(J2  »,  ^  2214 

niutu  d  promi-es  will  support  caeh  other 5,  p.  3705,  §  2244 

what  is  a  sullijient  c  )n3ider.ition  to  uphold  a  promise  .5.  p.  37ti."{,  :;  2214 
whatis  notasuinneiitconsiderationtouiihold  apronii3e,5,  p.  37Go,  §2244 

contracts  under  seal  do  not  require  a  consideration 5,  j).  37G7,  §  2245 

negotiable  paper  is  presumed  to  have  been  given  for  cons.d- 

eration 5,  p.  3707,  §  22  tj 

adequacy  of  eon<i  leration  not  material 5,  p.  37G7,  g  2246 

but  in  equity  great  inadequacy  mvy  raiss  pre3um|)tion 

of  frauil 5   p.  37Gr>,  §  2247 

"good  "and  "  valuable"  consideration  distinguished,  .5,  p.  37G'J,  §2243 
promise  made  under  moral  obligation  is  not  made  on  sulB- 

cient  consideration 5,  p.  3770,  §  2219 

in  certain  cases  miral  obligation  considered  sufficient  consid- 
eration to  support  promise 5,  p.  3771,  §  22 19 

moral  obligation  to  i)iy  legil  interest  on  usurious  bond  sulli- 

cient  consideration   to  support  new  bond  with  Igil 

interest 5,  p.  3771,  §2219 

debt  barred  by  statute  of  limitations,  or  by  operation  of  law 

not  all'd  .•ting  right,  siifHjient  consideration    for   now 

promise  to  pay  it 5,  p,  3771,  §  2249 

promise  to  do  wiiat  party  already  legally  bound  to  do  not  a 

consideration 5,  p.  3772,  §  2250 

voluntary  rest  ration  of  what  one  enti  led  to  not  good  consid- 

erati(m 5,  p  3772,  §  22'.0 

nor  refraining  from  illegal  act 5,  p.  3772,  §  22'>0 

nor  p  lyment  of  ilebt  clearly  due 5,  p.  3773,  §  2250 

promise  of  surety  to  pay  debt  for  which  he  is  already  liable 

will  not  su|)porb  mortgage , . ,  5,  p.  3773,  §  2250 

agrcGment  to   give  olfi  jer  or  witness  more  than  allowed  by 

law  not  enforceable 5.  p.  3773,  §  2250 

payment  of  part  of  debt  in  consideration  of    promise  to  dii- 

charge  resi.lue 5,  p.  3773,  §  2251 


6453  CONTRACTS. 

Contracts— (Continued. ) 

coniiiroiiiisos  and  deeds  of  comiiosition  with  creditors 

And  Ecc  CoMriKjMisE.s.  6,  p.  3775,  §  2251 ;  5,  p,  3775,  §  2252 

waiver  of  legal  right  sufTicient  couaidemtiuu  for  pro:ui.,a 

made  on  account  of  waiver 5,  p.  3776,  §  2253 

forbearaiico  of  le^^al  proceedings   by  person  entitled  to  sue 

valid  consideration  for  prondsc 5,  p.  3777,  §  2253 

legal  cause  of  action  rccjuisito 5,  p.  3778,  §  2253 

incurring  legal  liability  for  another  a  i;o(>d  otnsidtration.  5,  p.  3779i  §225-4 

marriage  a  valuable  consideratinn,  and  will  support  contract 

made  in  consideration  of  it 5,  j).  3780,  §  2255 

marriage    sufficient  considcyatiun  to  support  promise  by 

third  party  to  husband  or  wife 5,  p.  3780,  §  2255 

promise  of  infant  to  marry  is  good  consideration  for  corre- 
sponding promise 5,  p.  3780,  §  2255 

expectation  on  the  part  of  promisee  that  promisor  would 
marry  her  not  suilicieut  cousideratiou  for  x^i'omiso 

5,  p.  3780,  §  2255 

where  consideration  is  partly  void,  promise  remains  sup- 
ported  6,  p.  3780,  §  2250 

where  part  of  consideration  is  illegal,  whole  promise  is  void 

unless  parts  arc  severable 6,  p.  3780,  §  225(5 

consideration  is  either  executory  or  executed 5,  p.  3781,  §  2257 

past  consideratioa  is  insullicieiit 6,  p.  3781 ,  §  2253 

except  when  there  is  a  previa. us  request 6,  p.  3781,  §  2259 

money  i)aid  on  request 5,  p.  37S2,  §  22C0 

no  liability  to  pay  for  services  rendered   without    request 

See  Skuvicks 6,  p.  3782,  §  22G1 

aliterwheu  consideration  is  ofTerediu  manner  importing  in- 
tention to  be  paid  for  them 6,  p.  3783,  §2202 

when  person  obtains  a  benefit  by  fraud,  he  cannot  set  up  ab- 
sence of  previous  request  to  show  want  of  considera- 
tion  6,  p.  3783,  §2203 

total  failure  of  consideration  a  good  defense  to  suit  on  con- 
tract  5,  p.  3784,  §  22G4 

illegality  of  consideration  cannot  be  pleaded  as  "failure  of 

consideration" 5,  p.  3784,  §  2204 

3.  Contracts  Under  Seal, 

See  Dekds. 

4.  Contracts  in  Writing. 

See  Sta  I  utk  of  Fkauds. 

party  need  not  sign  contract  at  end  or  bottom 5,  p.  3880,  §  2303 

in  what  manner  may  contract  be  signed 5,  p.  3830,  §  2303 

contract  may  bind  both  parties  named  therein,  although 

signed  only  by  one 5,  p.  3880,  §  2308 

except  when  required  by  statute,  written  contract  need  not 

etate  consideration 5,  p.  3880,  §2303 


JtP 


i 


CONTRACTS.  64;j9 

Contracts— (Continued.) 

all  contracts  not  under  seal  are  contracts  by  pirol 6,  p.  SSSO,  g  CHOS 

terms  nat  ineliulod  in  written  contracts  not  bimlin;,'. . .  .5,  p.  .^SaI,  ij  i?.'{0'J 

written  contract  cannot  bo  varioil  by  paiol  evidence. .  .5.  p.  .^^SI,  S  -  ''10 

exceptions 5,  p.  ;'i,si,  g  -JiJll 

See  EviDi'.NcE. 

construction  of  contract  in  writing;  is  for  court 5,  p.  3SS!?,  §  2?A5 

several   in.striiin<!nts   on   same    .subject    nui-t    bo   construed 

together 5,  p.  SS"?.*?,  §  2?A  .l 

written  part  of  contract  p:-e\-ail.s  over  printed  pirt 5,  p.  3 -St,  S  'J:]|.'3 

intent  of  parties  must  be  followed  wlicte  possilile 5.  p.  3S-4,  §  ■J.'UG 

words  are  constraeJ  according  to  their  ordinary  nieaiiinj^ 

5.  p.  3SS.-).  §  e.Tl? 

punctuation,  how  regarded 5,  p.  SiS'l,  g  '2'M7 

general  words  f(dlowing  particular  or  spocific  terms  re- 
stricted to  things  or  mutters  of  same  kind 5,  p.  3SSG,  §  2313 

general  ex[)re3sion3  restricted  by  particular  de-crifitions  or 

additions  ai)pended  to  them 5,  p.  3SSG,  §  2313 

as  between  different  meanings,  tluit  will  jircvail  which  will 

support  instrument 5,  p.  3SSG,  §  2319 

ambiguity  of  expression  is  to  be  taken  most  strongly  against 

party  using  words 5,  p.  3SSG,  §  2320 

6.  Parties  to  Contracts. 

See  also  In'.sanitv,  Intoxication. 

two  parties  essentiil  to  contract 6,  p.  3072,  g  23SI 

agreement  does  not  bind  one  not  a  p  irty  to  it 5,  p.  3'J72,  §  23S1 

party  does  not  bejome  responsible  for  debt  by  his  silence 

when  notified  that  ho  is  charged  with  it 5,  p.  3972,  §  2381 

no  action  can  be  maintiined  upon  an  iiistruiueut  for  piy- 
ment  of  money,  unless  instrument  shows  on  its  face 
to  whom  it  is  payable 5,  p.  3972,  §  23SI 

variance    or    mistake   in    names    of    parties    to    contract, 

whether  individual  or  corporations,  not  fatal. .  .5,  p.  3972,  §  23SI 

state  can  claim  no  exemption  from  rules  of  law  applicable  to 

contracts  between  individuals 5,  p.  3973,  §  2331 

same  person  cannot  be  a  party  on  both  sides,  a'thou^h  other 

persons  be  joined  with  him  on  one  side  or  other.  .5,  p.  3973,  §  2.331 

question  as  to  who  are  parties  to  a  contract  is  for  jury 

5,  p.  3973,  §  23S1 

parties  to  contract  presumed  to  intend  to  bind  their  per- 
sonal representatives 5,  P-  3073,  §  23S1 

stranger  to  contract  cannot  enforce  it 5,  p.  39 "3,  §  2S32 

except  where  made  for  his  benefit 5,  p.  3974,  §  2332 

liability  of  joint  promisors  or  debtors 5,  p.  3971,  §  2333 

And  see  Joint  and  Several  Liabilities. 

liability  of  joint  promisors  or  creditors 5,  p.  3976,  §  23S4 

And  SCO  Joint  and  Several  Liabilities. 


GIGO  CONTRACTS. 

Contracts— (Continued.) 
G.   lllfij'd  Clint niclx. 

See  CrivMPKRTV;  Immoramty;  SnNDAT;  Usury;  Wao firs. 

illo^Mlity  ill  contr.ict  reiidors  it  void 5,  p.  39SS,  §  2392 

contract  not  v.>i(l  .-vi  a!»uu3b  pablic  p  )licy,  unless  injuriiuis 

to  iiitcrcats  of  pul.Iio 5,  p.  3D3S,  §  23?2 

contract  will  be  duil.iroil  v  )i(l,  altliDugli,  in  t1la^  particu- 
lar iustanoo,  no  injiry  to  the  public  in.vy  have  re- 
sulted   5,  p.  3933,  §2393 

what  CDiistitiites  public  poli  y,  and   wli:\t  contravenes  it, 

(jUL'stion  of  law  for  the  court     5,  p.  3938,  §  2392 

illustr.itions   of  contracts  held  invalid   for  violatizig  jirin- 

cii)les  of  law 5,  p.  3938.  §  2393 

where  act  is  prohibited  by  st.it  ite,  contract  to  do  act  is  un- 

enforooablo 5,  p.  39D1,  §  2393 

contract  in  violation  of  constitution  of  Unite  I  Stitcs, 
whether  ma  la  by  United  States,  a  state  or  an  indi- 
vidual, invalid 5,  p.  3991,  §  2393 

where    statute    pronounces    penalty  for    an  act,    contract 

founded  on  such  act  is  void 5,  p.  3991,  §  2393 

a  statute  prohibiting^  the  making  contracts,  except  in  a  cer- 
tain manner,  ipno  facto  makes  them  void  if  made  ia 
any  other  way 5,  p.  3992,  §  2393 

courts  will  not,  even  with  the  consent  of  the  parties,  enforce 

contract  in  violation  of  a  statute 5,  p.  3992,  §  2393 

where  contract  made  in  violation  of  statute  is  void,  subse- 
quent repeal  of  statute  does  not  make  it  valid.  .5,  p.  3992,  §  2393 
illustrations   of    contracts   void  because  in  conilict  with 

statutes 5,  p.  3992,  §  2393 

contracts  vicdating  foreign  laws,  when  invalid 5,  p.  3993,  §  2394 

agrecmimts  or  contracts  interfering  with  or  influencing 
action  of  the  government,  legislature  or  public  oilicers 

arc  void 5,  p.  3991,  §2395 

illustrations  of  said  contracts 5,  p,  3994,  §  239J 

Bale  of    public  ollijes  illegal,  and  a  contract  for  such  an 

object  is  void 5,  p,  3997,  §  2390 

salary  or  emoluments  of    public  office   cannot  be   sold  or 

a-isigiied  by  h(dder 5,  p.  3997,  §  2390 

agreements  having  tendency  to  pervert  or  influence  courao 

of  public  justice  illegal  and  void 5,  p.  3993,  §  2397 

compromise  or  compounding  of  felonies,  mislemeinors  or 
any  public  ollenses  illegxl,  and  agreemcnti  involving 
such  comprjuiises,  either  in  whole  or  in  part, 
void 5,  p.  3999,  §  2397 

agreements  in  fraud  of  the  bankruptcy  laws  are  void.  .5,  p.  4000,  §  2393 

iu  composition  .igreemcnts,  agreement  preferring  siiJgle  cred- 
itors is  void 5,  p.  4C01,  §2399 


CONTRACTa.  64G1 

Contracts  -(Continued.) 

a^jrceuient   in  total  and  general  restraint  of   trade  in  and 
thiouHhuut  limita  of   a  particular  country  or  state 

.„    ,^"''' ; 5,  p.  400G,  §  2403 

Illustrations  of  agreements  held  void  on  this  ac;count.5,  p.  4uu7   ^  "403 

wIktc  restraint  ia  laiyor  than  necessary,  it  is  v.,id. .    .  .5,  p.  4008   g  "'103 

illustrations -         <«,«'.  "^     „ 

ftcle<iuacy  of  consideration  immaterial • 5^  j,.  4011    g  .>io3 

contract  unlimited  to  space  though  limited  totiine"void.5,'  p.'  401l'  §  ^404 
no  objection  to  contract,  in  restraint  of  trade,  reasonably 
limited  in  poiat  of  space,  that  is  unlimited  in  point 

°^  t""o 5   p  40I*»  §  "403 

in  measuring  the  distance,    rule  is  to  measure   in  straight        "' 
line  as   upon  a  map,  and  not  according  to   usual  or 

practicable  routes 5,  p.  4014.  §  2405 

on  sale  of  a  patent-right.  restraint  may  be  unlimited  durin- 

.on  «  1  ''^r^  ^'f  "* 5,  p.  4014,  §2406 

en  sale  of  secret  process,  covenant  that  seller  will  not  com- 

municate  it  to  others  valid 5,  p.  4014  §  2400 

covenant  by  employee   not  to  engage  in  same  business  for 

certain  period  valid 5,  p.  4015.  §  2406 

agreement  that  one  will  trade  only  with   certain  persons 

,,       ^'"'"^ 5,  p.  4015,  §  2406 

otiier  covenants  and  agreements  restraining  freedom  of  trade 

held  valid k        am-   e  ft^«« 

.     .^  ,         o,  p.  401o,  §  2406 

restraint  may  be  partially  void  and  panially  valid 5,  p  4017   §  "407 

what  IS  and  what  is  not  a  breach  of  contract  not  to  engage 

m  business  covenanted  against 5^°p.  4013  §  2103 

combinations  of  workmen,  when  illegal .'.'.'.  5,'  p  40^0  §  2409 

combinations  of  employers  or  traders  for  purposes  operating 

in  restraint  of  trade,  or  free  employment  of  labor'' 

,     "/'fi''' : 5,  p.  4021.  §2410 

contracts  in  restraint  of  marriage  are  void 6,  p.  4015  §  £4''5 

conditions    in    restraint    of    mariiago    in    g  f ts    or    wills 

void,  if  unreasonable 5,  p.  404.-),  §  2426 

marriage  brokage  contracts  are  void 5^  p,  404c,  §  04.77 

agreements   which  provide  for  commission  of  crime  or  i'm- 

moral  act  are  void 5,  p.  404G,  §  2423 

And  see  Immorautv. 
agreement    good  on   its  face  but  sho;ra  to  bo  for  irc-al 

purpose  is  void Sr?.  4047,  §  2429 

must  be  participation  in  illegal  purpose  for  which  agreement 

IS  made,  in  order  to  render  it  void  against  party 

/'•'';•:••••■ 5.  p.  4043.  §  2130 

mere  knowledge  of    vendor    that  vendee  intends  to  make 
an  illegal  use  of  property  not  defense   to   an    action 

,      f°7''"«---' 5,  p.  4043,  §2430 

Lawso.s  11.  &  U.-453.  »  a       "w 


64G2  CONTRACTS. 

Contracta— (Continucfl.) 

person  may  refuso  t<>  cninploto  illegal  contract,  when  lie  dis- 
covers its  illegality 6,  p.  4040,  §  2430 

alilrr  where  contrict  is  executed 8,  p.  4049,  §  2130 

ilK^gality  in  matter  or  puriiose  of  an  agreement  renders  it 

wholly  void 6,  p.  4n.')0,  §  2431 

no  right  <if  action  can  ho  fouiidcil  upon  it 6,  p.  4050,  §  2431 

cither  party  may  rcjjudiato  the  agreement,  with  or  without 
alleging  reason,  and  may  afterward  justify  on  ground 
of  iih-gality 5,  p.  40.10,  §  2tni 

where  contract  is  not  consummated  court  will  give  relief.  5,  p.  40 JO,  §  243* 

where  agreement  contains  several  promises  or  a  promise  to 
do  several  matters,  and  some  of  the  matters  only  arc 
illegal,  i)romises  which  can  be  separated  from  illegal- 
ity m.iy  he  valid 5,  p.  4052,  §2132 

contract  is  discharged  by  illegality  supervening  subsequently 

to  time  of  contracting 6,  p.  4052,  §  2133 

acts  done  while  contract  remained  legal  arc  valid 5,  p.  4Uo3,  §  2433 

1.  Aitcrat'ion  of  ContrucL 

See  Altkiiation  of  Ix.stucments. 
8.  Per/onnaiice  of  Contract. 

See  Stoitage  in  Tkan.sitit. 

one  party  to  contract  cannot  recivcr  against  other  without 

show  ng  performance  or  tender  of  performance  .5,  p.  4117,  §  24S6 

pcrformanuo  to  discharge  contract  must  bo  in  strict  accord- 
ance with  its  terms 5,  p.  4118,  §  2480 

substantial  performance,  when  permitted 5,  p.  4110,  §  24S7 

performance  as  to  quantity  on  sale  of  goods 5,  p.  4120,  §  24S8 

construction  of  words  in  contracts  as  to  quantity,  "about" 

"more  or  less" 5,  p.  4121,  §2489 

pcrform.ince  as  to  quality  of  goods 5,  p.  4122,  §  2490 

Beller  must  deliver  goods  iu  mode  siiouified  by  contract 

5,  p.  4122,  §  2491 

delivery  to  carrier,  when  a  good  delivery 5,  p.  4122,  §  2491 

where  sale  is  of  a  quantity  of  things  by  count,  measure,  or 
weight,  their  number,  quantity,  or  weight  must  bo 
determined  before  sale  is  perfect 5,  p.  4123,  §  2491 

on  sale  of  part  of  quant  ty  of   goods,  no  title  passes  without 

separation  or  particular  designation 5,  p.  4123,  §  2191 

if  delivery  complete,  article  is  at  buyer's  risk,  even  though 
continues  to  remain,  by  mutual  consent,  in  x^^s^es- 
sion  of  seller 5,  p.  4123,  §  2491 

trliere  article  cannot  be  actually  delivered,  symbolical  de- 
livery suHicient 5,  p.  4124,  §  2491 

delivery  of  key  of  building  where  goods  are  stored. .  .5,  p.  4124,  §  2491 

delivery  of  bdl  of  lading  of  propeity 5,  p.  4125,  §  2491 

delivery  of  order  or  bill  of  sale  of  property 5,  p.  4125,  §  2491 


CONTRACTS.  6403 

Contracts -(Continued. ) 

wlicro  title  dous  n„t  pass  to  von.loo  before  its  dcstriKtion 
by  liro  or  other  accident,  vumlor  not  liable  for  damages 

*"  ^'"'"''^'^ 6?  p.  4125,  §  2401 

on  sale  of  gocds  by  dcsuiiptiMii,  buyer  must  bo  given  oi-por- 

tuiiity  to  iiisiieot  tliein 5^  .,   4105^  g  n^Ol 

performance  iniiat  bo  williin  time  tixcd  ])y  -..ntiMot 5,  [..  4i;j|,  g  2400 

peifurmance  afUrr  t!i;it  time,  tliouyli  acci-ptud,  uot  perform- 

aace  but  satisfaction 5,  ,,.  4131^  g  049Q 

timo   not   ordinarily    essence    of     contract    u.dcsa    so    ex- 

l''''^''^'^^^ 5.  p.  4132,§249G 

wlicro  pel  forniaiice  is  to  be  on  certain  day,  party  has  the 

uholo  of  that  day 5^  j,   4130  §0498 

where  it  is  to  bo   uithiu  specified   time,  has  until  tlie  last 

"^^y---; 5 ,  p .  4 1 32,  §  2490 

where  place  is  fixed  but  not  timo,   promisor  must  notify 

promisee  of  timo 5,  p.  4x33^  §  0490 

where  no  time   fixed,  purformanco  must  bo  within  reason- 

.  ''^'^  *''"e 5,  p.  4133,  §  249G 

what  is  a  reasonable  timo  within  which  to  perform  contract, 

a  mixed  rpiestion  of  law  and  fact 5,  p,  4134^  §  2496 

bond    not    stating   day   of   payment   payable    on    day  of 

,  .„      '^^^^ 5,  p.  4135,  §  2496 

bill  or  note  not  expressing  any  time  for  payment,  payable  on 

.  demand 6^  p  4135^  g  3496 

promise  to  pay  money,  no  time  being  fixed,  promise  to  pay 

on  demand 5^  p_  4135^  g  3493 

Conatruction  of  words  and  phrases  in  contract  as  to  time, 
"as  soon  as  possible,"  "at,  by,  on  and  upon,"  "on  de- 
mand," "  directly,"  "forthwith,"  "from,"  "after," 

"immediately" 5,  p.  4,30^  §  2495 

•'month,"    "on  or  before" 5^  p_  4137^  §  0496 

time  not  essence  of  contract  in  equity 4,  p.  41,39,  §  2497 

except  when  made  so  by  express  agreement 5,  p.  4139,  §  2497 

may  be  made  so  by  notice 5,  p.  4140^  g  4497 

party  may  waive  delay  or  other  default  in  performance  of 

°^ntf*<^* 5,  p.  4140,  §  2498 

performance  must  be  made  or  tendered  at  place  appointed 

in  contract 5,  p.  4142,  §2499 

delivery  at  place  near  one  specified  not  sufHcient 5,  p.  4142,  §  2499 

demand  made  at  the  dwelling-house  of  a  person  sufHcient, 

though  in  his  absence 5,  p.  4140  §  2499 

tender  of  performance  need  uot  be  made  outside  state.  .5,  p.  4142,  §  2499 
presumption  is  that  a  contract  was  intended  to  be  performed 

where  made 5,  p.  4142,  §  2499 

voluntary  absence  of  party  from  place  appointed  is  a  refusal 

to  perform , 5,  p.  4143,  §  2499 


64C-4  CONTUACTS. 

Contracts— (Cnntiniird.) 

whcro  pc-rfoniuiico  is  con<liti"nal  on  hippotiins;   of  contin* 
guiioy,  ci)i)ilitiiii)4   limit  be  itcrfuniicl    butoru  iirninii'O 

can  be  tnforct .1 6,  p  4144,  §  2"00 

contracts  ciirnlitional  ii;>iin  Lai>i<t.iiiii^  of  future  -  vviit.  .0,  p.  41 1.'),  §  '.'5i)2 

upon  ixitinitiiin  of  tunc 5,  p.  414.*),  ij  'JoOl 

paynivntniay  bo  re:itrictcl  to  be  outnf  prirtioular  fund  6,  p.  414o,  §  *Jj03 
prumidu  may  bu  lunilitiunal  up<iu  act  or  will  of  tbinl  per- 
son  6,  p.  4140,  §2.-01 

AS  on  ccrtiticato  of  architect  or  arbitrator 6,  p.  4140,  §  'J5LI-4 

proniiiio    cannot  bu  cuuditioual  ou   the  uuto  will  of    tlio 

proniiaor 6,  p.  4148,  §  '2o05 

agrccRicnta  for  service,  M'liere  n-nnuur.ition  is  left  to  disi'ro- 

tion  of  employer,  create  n<»  bimlinjj  mntrnct. . .  .0,  p.  4143,  §  2303 
A  covenant  by  a  person  to  build  such  iiouso  as  ho   should 

think  tit  biiidsi  him  to  not)  iiig 0,  p.  4143,  §2305 

contracts  to  pay  for  work  upon  c  )ndiiion  of  the  work  buin^ 
done   to    "satibfactiou "    or    approval   of    prouiisor 

valid 5,  p.  4143,  §  2503 

where  contracts  conditional  on  nqiicstor  demand,  perform- 
once  of  condition  essential 6,  p.  4150,  §  2500 

where  contract  conditional  upon  notice,  the  notice  re(|uired 

must  be  given 6,  p.  4151,  §  2507 

mutual  conditions  prcce'ent,  when  dependent    and  when 

independent  of  each  other 0,  p.  4152,  §  2503 

part  performance  or  defective  performance  of  a  condition 

precedent  not  suflicient 5,  p.  4154,  §  2509 

in  what  manner  may  performance  of  conditions  precedent  be 

waived  or  dischargeil 5,  p.  4155,  §  2510 

contract  may  be  terurioablc  on  happening  of  condition  sub- 

secjuent 6,  p.  4150,  §2511 

performance    of    conditions  subsei^ueut  excused  by  act  of 

God 5,  p.  41G0,  §  2511 

promise  may  be  alternative  at  election  of  promisor  or  prom- 
isee   6,  p.  41C0,  §2512 

who  has  right  of  election 5,  p.  41(;0,  §  2.")1'2 

election  once  made  is  irrevocable 5,  p.  41GJ,  §  2512 

contracts   not   entirely  performed,  when  recovery  may  be 

had  for  part  performed 6,  p.  41G1,  §  2513 

when  recovery  cannot  be  had  for  part  completed. . .  .5,  p.  4103,  §  2')l-4 
efTect  of  rescission  of  contract  afttr  part  ijcrlormanco .  .5,  i>.  41G5,  §  2513 
0.   Inipossibil'dy  of  Performance. 

performance  of  contract  not  excused  because  it  is  unreason- 
able, dangerous  or  burdensome 5,  p.  41GG,  §  2510 

non-performance  of  contract  not  excused  by  act   of  Crod, 
wheie  it  may  be  Bubstoutially  car.icd  in.o  eilect 

6,  p.  41G7,  §  251G 


10 
11 


2510 


C0NTUACT8.  0405 

Contracts— (Continued.) 

whoru  ini[iii»iailiility  in  hnnwn  to  lioth  j'urtics  nt  time  of  cnn- 

l.aot  thcro  in  no  a^rot  im  nt 6,  p.  41G8,  §  2317 

wlioro   iinpiiHHiliility   not  knuwn  to  (.>itli<'r  pirfy  at  tiino  uf 

ni.iking  coiitraot,  piirtirH  ar ;  \>  iin  1  w  In  ii 6,  p.  41CS,  §  2518 

where  iinpii>Nil>i1ity  i'l  ku  >\vn  to  priiniisiir  at  time  of  mak- 
ing lii-<  promise,  bub  nut  to  pruniisite,  proini.suo  is  ahso* 
lutoly  liable 5.  p.  41C9,  §  2510 

whore  pcrroinianuo  becomes  iinpoHsii)le  Hub<ic>pioiit  tu  mak- 
ing of  contract,  promisor  is  not  (iischargod 5,  p.  4170,  §  2520 

where  [laitios  contracted  on  the  ba  is  of  the  continued  oxi.-st- 
cuce  of  {le.'son  or  thing  to  which  it  relates,  subseiiiU'nt 
perishing  of  iierson  or  thing  will  excuse  perform- 
anco 6,  p.  4173,  §  2521 

contracts  to  perform  personal  acts  are  made  on  implied  con- 
dition that  party  shall  bo  alive  or  shall  be  capable  of 
performing  contract 5,  p.  4173,  §  2521 

•icknoss  when  an  excuse  for  non-perforinancoof  contract. 6,  p.  4174,  §  2."21 

where  a  promise   rendered   impossible   by  act  of  promisor, 

contract  is  broken 5,  p.  4175,  §  2522 

if  performance  rendered  impossible  by  act  of  promisee,  jier- 

formance  is  excused 6,  p.  417G,  §  2523 

whore  performance  rendered  impossible  by  act  of  the  law,  no 

breach 5,  p.  4177,  §2524 

performance  not  excused  if  prevented  by  laws  or  acts  of 

foreign  country 6,  p.  4177,  §  2524 

impossibi.ity  of  purfunnance  of  one   of  several  alternative 

premises 5,  p.  4179,  §  2525 

10.  Todcr  and  Paymcid. 
See  these  two  titles. 

11.  Hesci'ision  of  Cuiitrnct, 

See  also  Uelkask;  MF.Konii. 

contract  may  be  rosciadod  before  breach  by  new  agree- 
ment  5,  p.  4233,  §  25G9 

contract  niay  be  rescinded  in  pait,  and  fat.iud  as  to  resi- 
due   5,  p.  4-2.34,  §  2569 

written  contract  conclusively  presumed  to  sup-rscde  another 

one  made  prior  thereto 5,  ]).  42.11,  §  2509 

making  of  new  contract  between  jiarties  to  the  old  one  does 
not  aDfect  rights  of  third  persons  whi^h  have  ac- 
crued   5,  p.  4234,  §  25C9 

executory  contracts  may  be  rescinded  by  parties  only  where 
they  contiuue  interested  uutil  agrce:ueut  to  rescind 
is  made 5,  p.  4234,  §2509 

proposition  for  mutual  rescission  of  a  contract  assumes  its 
validity;  proposition  being  rejected,  parties  stand 
where  they  did  before 5,  p.  4234,  §2569 


6466 


CONTRACTS — CONVEESION. 


Contracts— (Continued. ) 

rescission    may    be   implied    from   later  inconsistent  con- 
tract  5,  p.  4234,  §2570 

where  it  never  has  been  acted  on  for  long  time 5,  p.  4235,  §  2.170 

form  of  new  contract  depends  on  form  of  old 6,  p.  4235,  §  2571 

when  rescission  may  be  oral  5,  p.  4235,  §  2571 

sealed  contract  cannot  be  rescinded  by  parol 5,  p.  4235,  §  2571 

when  contract  provides  mode  of  rescission,  coutract  must  be 

rescinded  in  that  way 5,  p.  4235,  §  2571 

novation,  acceptance  of  new  debtor 5,  p.  4236,  §  2572 

death  of  person  does  not  rescind  his  contract 5,  p.  4237,  §  2573 

except  as  to  those  which  cannot  be  performed  by  personal 

representative 5,  p.  4237,  §  2573 

as  contracts  concerning  specific  personal  qualities,  skill,  or 

services  of  person 5,  p.  4237,  §  2573 

or  contracts  to  marry 5,  p.  4237,  §  2573 

or  contracts  of  service 5,  p.  4237,  §  2573 

or  contracts  of  partnership 5,  p.  4238,  §  2573 

where  one  party   refuses  to  perform  contract,   other  may 

treat  it  as  rescinded 5,  p.  4242,  §  2579 

party  on  discovering  fraud  or  false  representation  inducing 

contract  may  rescind  it 5,  p.  4242,  §  2579 

contract  cannot  be  rescinded  without  putting  other  party  in 

statu  quo 5,  p.  4243,  §2579 

rescission  must  be  made  within  reasonable  time 5,  p.  4244,  §  2579 

what  is  or  is  not  reasonable  time  within  which  party  may 

rescind  a  contract,  question  of  law 5,  p.  4244,  §  2579 

when  a  party  rescinds  a  contract,  he  cannot  renew  same 

without  consent  of  otlier  party 5,  p.  4214,  §  2579 

Contribution. 

See  Insurance,  f. 

no  contribution  among  wrongdoers 3,  pp.  177G-1778,  §  1045 

exceptions 3,  pp.  1779-1781,  §  1046 

riglits  of  partner  to  indemnity  and  contribution 2,  p.  1'2'3'J,  §    CG9 

Contributory  Xegligence. 

See  Neglioesce. 
Conversion. 

See  Trover  and  Conversion. 
Conversion  (Equitable.) 

money  directed  to  be  la  .d  out  in  land  is  converted  as  land  in 

equity 6,  p.  43S3,  §  20S3 

land  directed  to  be  converted  into  money 6,  p.  438 1,  ^  2G83 

when  conversion  does  and  does  not  take  place 0,  p.  4384,  §  2083 

requisites  of  the  direction 6,  p.  4385,  §  2683 

election  by  beneficiary;  re-conversion 6,  p.  43S7,  §  2089 

conversion  of  partnership  property  by  agreement 2,  p.  1237,  §    G03 

of  partnership  realty  into  personalty  by  law 2,  p.  1236,  §    GG2 


CONVICT— COPYRIGHT. 


64U7 


Convict. 

cannot  appoint  an  agsnt 1,  p.        5, 

may  make  will  in  Kentucky 6,  p.  5130, 

woman's  right  to  make  will  valid,  where  husband  has  been 

banished,  or  transported  for  life 2,  p.  1397, 

admin. otration  on  estate  of  one  civilly  dead 2,  p.  1C24, 

publication  of  words  of  murd»;rer  on  gallows  not  privi- 
leged  3,  p.  2350, 

contractor  of  penitentiary  not  liable  to  thir.l  person  for  in- 
juries resulting  from  negligence  of  convict  in  course  of 

his  employment 1,    513, 

Conviction. 

of  attorney  not  prerequisite  to  his  detainment  for  criminal 

act 1,  p.    221, 

convictior  of  crime  a  ground  for  divorce 2,  p.  143"3, 

aliter  if  convictiou  out  of  state 2,  p.  1432, 

Coparcenary. 

See  Co-tenancy. 
Copyright. 

See  Const  rTtJTioxAL  Law,  7. 

copvight,  at  common  law,  lost  by  publication 4,  p.  2S03, 

wliat  is  a  publication 4,  p.  2804, 

stage  representation  not  a  publication 4,  p.  2805, 

property  in  private  letters 4,  p.  2806, 

copyright  by  statute 4,  p.  2808, 

mode  of  obtaining  and  requisites  of  statutory  copy- 
right   4,  p.  2S08, 

who  may  take  out  copyright 4,  p.  2S12, 

what  may  and  what   may  not   bo   copyrighted , . 

4,  pp.  2813  2818, 

what  is  an  infringement * 4,  pp.  2S18  2823, 

abridgements  and  compiIati(  -    4,  p.  2818, 

right  to  make  extracts 4,  p.  2323, 

translations  into  another  language 4,  p.  2S24, 

jurisdiction  of  courts  as  to  copyrights 4,  p.  2S1 1, 

rule  as  to  granting  injunctions 4,  p.  2S2I, 

statutory  xienaltics  for  infringement 4,  p.  2S2.J, 

contract  and  lie  ?;i?es  to  print 4,  p.  2S"_'G, 

assignment  of  co])yright 4,  p.  2S2C, 

contract  to  repriut  book  in  violation  of  another's  copy- 
right  4,  p.  2S27, 

owner  in  common  of  copyright,  who,  at  his  sole  expense, 
prints  and  sells  the  book,   not  liable  in  absence  of 

agreement  to  account  to  co-owner 4,  p.  2828, 

injunction  will  issue  to  prevent  publisher  from  falsely  oft'er- 
ing  for  sale  a  book  as  the  work  of  an  author  when  it 
is  not  so 4,  p.  2828. 


§       6 

§3150 

§    760 
§    890 

§1300 


294 


§    133 

§    782 
§    782 


§1618 
§  1G19 
§1620 
§1621 
§1622 

§1623 
§1625 

§1626 
§  1G27 
§  1627 
§  162S 
§  1629 
§  1G24 
§1630 
§  1631 
§  1C32 
§  1632 

§1632 


§1632 


§1632 


6468 


CORPOIIATIONS. 


Corporations. 

Seo  also  Bavks;  BtJiLDixo  and  Loan  As=!Ociations;  CnAii- 
iTABLE  Associations,  Gas  Comi'anif>;  Joint-stock 
Companies;  llAiLnoADS;  ItEiuuous  SociExiiia;  B£N£* 
FIT  Societies. 

1.  FOKMATION  OF  CoiiPORATION3. 

2.  Foreign  Coupokations. 

3.  Powers  of  Corporations, 

4.  Officers  and  Agents. 

6.  Stockholders  and  Creditors,  Rionis  and  LiAniLiriES  oj, 
6.  Dissolution  of  Corporations. 
1<  Formation  of  Corporations, 

corporations  defined 1,  p.  C97,  §    332 

corporation  aggregate  or  solo ...   1>  P>  ^98,  §    332 

public  or  private 1,  p.  508,  §    332 

quasi-public  corporations,  what  are 1,  p.  598,  §    332 

reclamation  districts 1,  p.  599,  §   332 

levee  districts 1.  p.  593,  §    332 

wharf,  boat  and  elevator  business 1,  p.  599,  §    332 

school  districts 1,  p.  599,  §    332 

franchise,  whut  is  a 1,  p.  509,  §  332;  1,  p.  C41,  §    376 

power  to  charter  corporation  is  in  legisl  iture 1.  p-  599,  §    333 

cannot  be  constituted  by  agreement  of  parties 1,  p.  GOO,  §    333 

nor  by  acquiescence 1,  p.  COO,  §    333 

constitutional    limitations  on  power    to    charter  corjiora- 

tions 1,  p.  COO,  §    333 

legislature    cannot    charter    corpoiatiou  for  illegal  ob- 
ject  1,  p.  C30,  §    333 

legislature  cannot  give  corporation  exceptious  not  allowed 

to  private  persons 1,  p.  C90,  §    333 

provision  in  a  charter,  granting  privilege  of  charging  greiter 

interest  than  general  laws  allow,  uncinatitutio:ial.l,  p.  COO,  §    333 

congress  has  power  to  charter  corporations 1,  p.  COO,  §    334 

power  of  legislature  to  create  corporatijiis  cannot  be  dt-le- 

gated 1,  p.  Ca,  §    333 

mere  ministerial  duties  may  be  delegated 1,  p.  COl,  §    333 

as  issuing  of  certilicates,  or  ascertainin.;  wh'  tlier  objects  of 

association  fall  within  provisons  of  law 1,  p.  COl,  §    335 

congress   may   delegate  to  territorial  governrnaiit   power  to 

create  corporations 1,  p.  GV,  §    335 

form  of  grant  of  corporate  franchisj 1,  p.  COl,  §    338 

no  formal  terms  necessary 1,  p.  COl,  §    336 

intention  of  legislature  to  grant  ehart-r  suffii  ient  ...  1,  p.  C02,  §    336 
grant  of  power  to  perform  corporate  acts  implies  a  grant 

of  corporate  powers 1,  p.  C02,  §    33tt 

charters  of  private  corporations  construed  strictly. .  .1,  p.  602,  §    336 

ratiRcation  by  state  of  unauthorized  corporate  acts 1,  p.  602,  §    337 


CORPORATIONS. 


G469 


Corporations— (Continued. ) 

frauchise  must  be  accjpted 1 ,  p. 

must  be  accepted  as  otFercd 1,  p. 

and  by  grantees  only 1>  P- 

no  particular  furm  of  acceptance  necessary 1,  p. 

acceptance  of    charter   Ly    persons   applying  for  it  pre- 
sumed  1.  p. 

acceptance  of  chtrter  by  grantaes  (juestion  of  fact. . .  1,  p. 
constitutional  prohibitions  against  creation   of  corpDrations 

by  special  charter 1,  P- 

incorporations  under  general  laws 1,  pp.  GOG-GOS, 

necessity  of  complying  with  statutory  conditions  prece- 
dent  1,  pp.  606G08,  §  3t();  1,  p. 

public  corporations  may  exist  by  prescription 1,  p. 

aliter  as  to  private  ones 1,  p. 

who  may  be  corporations;   any  person  capable  of  contract- 
ing.   1,  p. 

infanta  may  become  stockholders  in  corporation 1,  p. 

or  married  women 1>  P- 

or  lunatics 1>  P- 

or  a  state. 1.  P- 

or  a  municipality !>  p. 

proof  of  incorporation,  how  made 1,  p. 

by  showing  grant  of  the  charter  and  its  acceptance. .  1,  p. 

of  public  laws  only  courts  take  judicial  notice 1,  p. 

legality  of  existence  of  corj)oration  presumcl 1,  p. 

private  domestic  corporation  must,   like  foreign  corpora- 
tion, aver  and  prove  fait  of  incorporation 1,  p. 

proof  of  user  or  corporate  acts   sufTioient 1,  p. 

person  dealing  with  corp  jration  as  such  estopped  to  deny  its 

incorporation = 1,  p. 

corporatifm  not  estoppel  from  denying  corporate  existence 
by  having  done  acts  which  might  have  becix  done   by 

unincorporated  body 1,  p. 

foreign  charter  proved  like  other  foreign  laws 1,  j). 

corporation    suing  in    federal  court,  need   not  prove  its 
corporate   existence,    where   defendant   has   pleaded 

general  issue  only 1,  p. 

proof  of  performance  of  conditions  precedent  ninde  by  books 

and  re-ords  of  company 1,  p. 

proof  of  existence  of  corporation,  how  made 1,  p. 

corporation  in  suing  need  not  aver  how  incorporated . . 

l.p. 
corporation  should  use  name  which  charter  gives  it. ...  1,  p. 

may  acquire  different  name  by  usage 1,  p. 

change  in  name  can  only  be  affected  by  changing  articles 
of  incorporation 1,  p. 


G03.  § 

333 

003,  § 

3.33 

G03,  § 

333 

oai.  § 

339 

coi,  § 

339 

C05,  § 

339 

606,  § 

340 

■GOS.  § 

340 

609,  § 

311 

610,  § 

342 

610,  § 

342 

610,  § 

343 

610,  § 

343 

610,  § 

343 

610,  § 

343 

GIO,  § 

343 

610.  § 

343 

610,  § 

344 

GIO,  § 

344 

GIO,  § 

344 

GIO,  § 

314 

610,  § 

344 

611,  § 

344 

611,  §    344 


611, 
611, 


§    344 
§    344 


611,  §    344 

612,  §    .^43 
638, 


633, 
676, 
676, 


§    372 


§  372 
§  404 
§    404 


676,  §   404 


6470 


CORPORATIONS. 


Corporations— (Continued.) 

injunction  will  lie  to  restrain   corporations  from   using 

name  of  another  corporation 1,  p.    676,  §    404 

that   corporation    was  misnamed    in   contract,  not    ma- 
terial  1,  p.  G33,  §  372;  1,  p.    67G,  §    404 

misnomer  in  a  grant  by  statute,  or  by  devise  to  a  cor- 
poration, does  not  avoid  the  grant.  1,  p.  638,  §  372;  1,  p.    676,  §    404 
mistake  in  name  of  corporation    may  be    corrected    by 

araeiidinent  of  writ 1,  p.    677,  §    404 

subscription   to    stock    not    invalidated    by   change    of 

name 1,  p.    077,  §    404 

corporation  may  contract  without  seal 1,  p.    678,  §    403 

2.  Foreign  Corporations, 

state  caunot  grant  franchise  outside  its  limit^ 1,  p.    612,  §    346 

residence  of  corporation  is  in  state  which  created  it,  and  in 

place  where  principal  office  is 1,  p.    613,  §    348 

members  of  foreign  corporation  in  United  States  court,  pre- 
sumed to  be  citizens  of  state  or  country  which  created 

it 1,  p.    613,  §   348 

mitional  bank  a  domestic,  not  a  foreign  corporation,  and  may 

sue  as  such 1,  p.    613,  §    346 

corporation  does  not,  by  purchasing  and  operating  property 
in  another  state,    become  corporation  of  that  state 

1,  p.    613,  §  348 
corporation  created  by  the  laws  of  st.ite  deemed  a  residenb 
thereof,  although  bulk  of  its  property  and  business 

lies  in  a  foreign  state 1,  p.  61. "J,  §  346;  1,  p.    615,  §    347 

status  of  corporation  chartered  in  two  states  by  the  same 

name 1,  p.    614,  §   346 

corporation  resulting  from  consolidation  of  domestic  and 

foreign  corporations,  a  domestic  one 

1,  p.  614,  §  346;  1,  p.    610,  §   349 
by  comity  foreign  corporations  are  permitted  to  do  business 

instate 1,  p.    614,  §    .347 

acts  done  in  foreign  states  valid 1,  p.    615,  §    347 

states  may  annex  conditions  in  giving  right 1,  p.    615,  §    347 

foreign  corporations,  when  not  entitled  to  remove  case  to 

federal  courts 1,  p.    615,  §    347 

federal  court  cannot  prevent  organization  of  corpora tion 
bearing  same  name  as  that  of  foreign  corporation  do- 
ing business  in  state 1,  p,    615,  §    34? 

omission  to  comply  with  requirements  of  a  statute  prescrib- 
ing terms  does  not  avoid  contracts,  but  precludes  en- 
forcing such  contracts 1,  p.    615,  §   347 

■eliciting  and  receiving  subscriptions  for  a  newspaper  pub- 
lished by  corporation  in  another  state  not  "doing 
business"  in  the  state 1,  p.    615,  §   347 


CORPORATIONS. 


6471 


347 


316 


Corporations—  (Continued. ) 

right  of  foreign  corporation  to  do  business  in  state  can  only 

be  questioned  by  state  itself 1,  p.    GI5,  §    347 

corporation,  though  doing  no  business  in  stata  where  organ- 
ized, may  deal  in  land  ia  another  state. 1,  p.    615,  §    347 

foreign  corporation  may  buy  at  execution  sale  on  judg- 
ments in  its  favor 1,  p.    616,  §    347 

may  acquire  land  in  satisfaction  of  debt  due  it 1,  p.    016,  §    347 

fureign  corporations  may  sue  one  another  if  both  doing 
business  within  the  state,  and  cause  of  action  accrued 
there 1,  p.    616,  §    347 

foreign  corporation  cannot  purchase  and  hold  real  estate  in 

Illinois 1,  p.    616,  §    347 

corporation  caniiot  act  in  foreign  country  forbidden  them.  1,  p.    C16,  §    348 

■without  power  to  take  by  devise  in  its  own  state,  cannot  do 

so  in  another-state 1,  p.    616,  §    343 

foreign  company  must  comply  with  state  laws  or  contract 

invalid 1,  p.    617,  §    348 

cannot  do    acts  in  foreign    state     which  it  cannot  do  at 

home 1,  p.    617,  §   348 

in  a  suit  by  foreign  corporation,  it  must  show  not  only 
incorporation,  but  statute  of  state  authorizing  such 
incorporation 1,  p.    617,  §   348 

citizenship  of  corporation  within  federal  laws 1,  p.    618,  §    349 

corporations  chartered  in  two  states,  citizens  of  each. . .  .1,  p.    619,  §    349 

foreign  corporation  may  be  sued 1,  p.    619,  §    350 

service  of  process  on  foreign  corporation 1,  p.    620,  §    351 

voluntary  appearance  of  foreign  corporations  confers  juris- 
diction  1,  p.    621,§   351 

foreign  corporations  not  entitled  to  exemption  from  taxa- 
tion   2,  p.  1174  n,  §   633 

3.  Poxvtrs  of  Corporations. 

powers  of  corporations  are  only  those  conferred  by  char- 
ter   1,  p.  623,  §  352;  1,  p.    638,  §    373 

meaning  of  ultra  vires 1,  p.    0"23,  §    352 

corporations  presumed  to  contract  within  their  po'.vers.l,  p.     624,  §    352 

corporation  which  sets  up  hick  of  power  to  do  particular 
act  within  scope  of  general  powers  has  the  burden  of 
proving 1,  p.    624,  §    352 

burden  of  showing  that  contract  of  corporation  exceed.s  its 

corporate  powers  rests  on  party  objecting 1,  p.    624,  §    352 

corporation  acting  within  sc.>pe  of  authority  has  all  powers 

of  ordinary  persons 1,  p.    624,  §    352 

Acts  or  contracts  of  corporations  in  violation  of  rules  of  law 

invalid 1,  p.    624,  §    353 

acts   or  contracts  of  corporation  in  violation  of  statutes 

void l,p.    624,§   354 


6472 


CORPORATIONS. 


Corporations— (Continued. ) 

act3  or  contracts  in  violation  of  chirtcr  void, . .    , .» 1,  p.    025,  §   355 

parties  dealing  witli  corpDi-atious  cliar^'ealile  with  notico  of 

limitations  imposed  by  cliartcr 1,  p.    G2j,  §    353 

statutory  prohibition  against  corporation  exercising  powers 

not  granted  liy  cliarter  makes  act  void  1,  p.    G25,  §    356 

prohibition  in  charter— if  intent  of  legishvture  was  that  pro- 
hibited act  should  bo  void,  courts  will  so  hold. .  .1,  p.    G26,  §    357 
alUer  when   prohibition  is  merely  for  benefit    of    share- 
holders  1,  p.  G2G,  §  358;  1,  p.    G27,  §    3.'9 

acta  of  majority  of  corporators  bind  corporation 1,    G27,  §    3G0 

but  aliler  when  act  not  authorized  by  charter 1,    G27,  §    361 

majority  of  stockholders  cannot  accept  alteration  of  their 

charter 1,  p.    623,  §    361 

nor  can  majority  eflfect  consolidation  with  another  corpora- 
tion  1,  p.    628,  §   361 

contract  ultra  vires,  may  be  avoided  by  either  party  so  long 

as  it  remains  unexecuted 1,  p.    629,  §    362 

courts  will  not  compel  corporation  to  perform  contract  ultra 

vires , 1,  p.    629,  §    362 

tpcciiio  performance  of  contract  ultra  vires  not  enforced  at 

suit  of  corporation 1,  p.    629,  §    362 

but  where  corporation  has  had  benefit,  other  party  may  en- 
force it 1,  p.    031,  §    365 

defense  of  ultra  vires  not   good    against  persons  without 

notice 1,  p.    629,  §    363 

transfers  of  property  valid  though  tiUra  vire^ 1,  p.     630,  §    364 

executed  contracts  good  though  ul/ra  vires 1,  p.    030,  §    365 

where  contrac  t  not  enforceable  because  ultra  vires,  bei.efits 

received  recoverable 1,  p.    033,  §    3G6 

corporations  liable  for  torts. , .  » 1,  p.    033,  §    307 

corporation  liable  for  deceit  or  false   representations  of  its 

agents 1,  p.    034,  §  367 

for  assault  and  battery;  for  damages  caused  by  wrongful 
canceling  of  ccrtilicate  of  stock  by  its  president  and 

secretary 1,  p.    634,  §    367 

for  libel  or  slander 1,  p.    G34,  §    3G7 

for    turt  of    agent  in    refusing  to  deliver    chattels    to 

owner 1,  p.    634,  §    367 

for  malicious  prosecution 1,  p.    635,  §    367 

for  false  inprisonmeut 1,  p.    635,  §    367 

for  trespass 1>  p.    635,  §    367 

■iable  for  torts  committed  in  ultra  vires  transaction. . .  1,  p.    635,  §    368 

de.  /.uto  corporation:  validity  of  acts 1,  p.    035,  §    369 

Ji'  /'ado  corporation  estopped  to  deny  its  existence,  but 
doiii  not  preclude  proof  of  subsequent  cessation  of 
corporate  functions 1,  p.    635,  §    369 


CORPORATIONS. 


6473 


Corporations  —(Continued.) 

executed  contracts  «.f  t/e/f'C<o  corporation  liinding.  ..1,  p.    C35,  §    3C9 
that  charter  of  corporation  was  obtained  by  fr;iud,  no  de- 
fense in  colliitcral  proceeding 1,  p.    Cnf>,  §    370 

nor  lan  nou  user  or  misuser  lie  set  up 1,  p.    C3G,  §    370 

nor  can  irregularitifs  in  ineor}iorati()ii  be  shown.  ...1,  p.    C37,  §    370 

defendant  may  deny  existence  of  corjxiration 1.  p.    C37,  §    370 

all  powers  necessary   to  carrying  on  its  business  impliedly 

granted  to  corporation li  p.    C3D,  §    374 

grants    of  special    privileges  to  corpor.'.tiun    strictly  con- 
strued  li  p.    041,  §    375 

ambiguous     words      construed      strongly    agaiuit     cor- 
poration  1,  p.    (j41,  §    375 

general  words  in  charter  do  not  authorize  corporation  to 

do  acts  prohibited  by  general  law 1,  p.    C41,  §    375 

doubtful  expre3>ion^  in  statute  conferring  franchises  con- 
strued to  benefit  of  public 1,  p.    G41,  §    375 

legislative  intent,  ui)on  cliange   or  rt organization  of  cor- 
poration, to  absolve  it  fiom  existing  liabilities  not 

inferred 1,  p.    041,  §    375 

franchise  of  corporation,  what  is 1,  p.    041,  §   37^ 

does  not  embrace  property  acc^uired  by  the  exercise  of 

franchise 1,  p.    042,  § 

franchise  of  corporation  cannot  be  levied  on 1,  p.    G4'i,  § 

nor  assigned  without  consent  of  state 1,  p.    042,  § 

nor  leased 1,  p.    042,  § 

nor  mortgaged 1,  p.    042,  § 

corporations    cannot    consolidate  without  consent  of  state 

1,  p.    042,  §    373 

implied  powers  of  corporations 1 ,  p.    C45,  §    370 

to  act  as  agent 1,  p.        (>,  §       G 

to  transfer  franchises 1.  p.    042,  §    377 

assignment  can  only  be  questioned  by  state 2,  p.    973,  §    5i2 

to  consolidate 1.  jip.  012  04."),  §    378 

to  purchase  and  hold  property 1,  i)p.  0J5  047,  §    379 

to  transfer  and  dispose  of  pro[)erty 1,  pp.  G47,  G4S,  §    380 

deed  of  corporation  need  not  be  delivered 5.  j).  3S14,  §  2270 

to  hold  property  in  trust 1,  pp.  CIS,  049,  §    331 

to  take  by  devise 1.  p.    C4.),  §    3S2 

to  borrow  money  and  make  debts 1,  ]>.    049,  §    333 

to  mortgnge  property 1,  pi>.  OjD,  C51,  §    3S| 

to  pledge 1,  p.    G.'i  1 ,  §    334 

to  issue  negotiable  paper 1,  pp.  0')1,  Ci.!,  §    'Aiso 

to  sue  and  be  sued 1,  p.  Ci53,  §  380;  3,  p.  237J,  §  13U7 

to    make    an    assignment    of    effects,    for     payment    of 

debts 1,  p.  G,:4,  §  :;S7;  4,  p.  33S4,  §  1985 

to  become  joint  owner  of  ferry 1»  p.    054,  §    3S7 


370 
370 
377 
377 
377 


6474 


CORPORATIONS. 


Corporations— (Continued. ) 

to  make  an  agreement  with  agent  for  oLtaining  subscrip- 
tion to  stock 1,  p.  G.'i,  §  3S7 

to  take  an  oath 1,  p.  05."),  §  387 

to  cliaiijje  its  (lomicilc  to  anotiierstate 1,  p.  (!")5,  §  387 

to  waive  its  legal  rights 1,  p.  C')"),  §  3S7 

bound  by  estoppels  in  jJais  like  natural  persons 1,  p.  G55,  §  3S7 

to  perform  act;!  by  its   oUicers   while   sitting   out   of   the 

stae  creating  it 1,  p.  (155,  §  387;  1,  p.  G59,  §  390 

to  prefer  one  creditor  to  another,    even  thcjugh  a  stock- 
holder  1,  p.  035,  §  3S7 

to  gu;irautee  payment  of  dividends 1,  p.  G5.">,  §  387 

to  take  out  letters  of  administration 1,  p.  Go5,  §  387 

power  of  corporation  to  expel  mendjers 1,  p.  G50,  §  388 

member  of  corporation  cannot  be  expelled  without  notice  and 

hearing 1,  p.  057,  §  388 

mandamus  will  lie  to  restore  member  illegally  expelled..!,  p.  G58,  §  339 
injunction  will  not  lie  to  prevent  corporation  from  expelling 

membe'- 1,  p.  658,  §  389 

may  do  business  outside  of  state 1,  p.  059,  §  390 

may  employ  surplus  of  money  or  property  to  best  advantage 

1,  p.  659,  §  3C. 
may  alter  the  business  to  suit  changes  of  time  and  circum- 
stances  1,  p.  G60,  §  392 

power  of  corporation  to  issue  i)referrcd  stock 1,  pp.  0G1-C64,  §  393 

rights  of  preferred  stockholders 1,  pp.  664-CC6,  §  394 

what  are  not  alterations  in  charter 1,  pp  COS,  GG9  §  396 

grant  of  additional  franchise 1,  p.  069,  §  396 

discharge  of  obligations  to  state 1,  p.  699,  §  396 

effeut  of  alteration  on  liability  of  stockholders,  ..1,  pp.  0G9,  G70,  §  397 

power  of  corporation  to  alter  charter 1,  !>•  607,  §  395 

to  engage  in  difl'erent  kinds  of  business 1,  pj).  G70,  G7i.',  §  393 

to  wind  up  business !>  p>  G72,  §  899 

to  enter  into  partnership 1|  P-  073,  §  400 

to  deal  in  shares  of  other  corporations 1,  p.  073,  §  401 

to  alter  amount  of  capital  stock 1>  PP-  674,  G75,  §  402 

to  purchase  its  own  shares 1,  pi>.  674,  G75,  §  402 

to  give  away  its  propeity 1,  p.  075,  §  403 

to  sign  accommodation  paper  for  others 1,  p.  G75,  §  403 

to  lend  its  credit 1,  p.  675,  §  408 

to  give  a  guarantee  without  consideration 1,  p.  075,  §  403 

4.  Officers  and  Agcntf, 

powers  of  agents  of  corporations  generally 1,  p.  080,  §  406 

corporations  not  liable  for  acts  of  proaioters 1,  p.  081,  §  407 

directors  of  corporation?,  powers  of 1,  p.  682,  §  403 

need  not  be  stockholders 1,  p.  0^3,  §  403 

may  authorize  president  to  borrow  money 1,  p.  683,  §  403 


CORPORATIONS. 


G175 


Corporations— (Continued.) 

charfjed  witli  notice  of  their  powers 1,  p.  C93, 

must  act  in  manner  requireJ  by  charter 1,  p.  GS3, 

proceedings  of  directors  of   c.>rporation  presumed  regu- 
lar  1,  p.  csn, 

power  of  directors  to  alter  or  amend  by-laws 1,  p.  (iSS, 

power  to  (ill  vacancies 1,  p.  C  vl, 

cannot  make  radical  cliangcs 1,  p.  fiS."), 

cannot  wind  up  coqiorations 1,  p.  GS(J. 

or  give  away  funds  of  corporation 1,  p.  C'G. 

are  trustees  of  corporation li  p.  CS7, 

cannot  make  private  or  personal  gains 1,  p.  CS7, 

must  not  have  conflicting  interests  with  cmpDratinn.  1,  p.  C02, 
liability    of     directors    for    fraud    and     falac    representa- 
tions   1 ,  p.  GO.', 

for  negligence 1,  p.  GiUJ, 

for  mistakes  made  in  good  faith 1,  p.  COS, 

must  act  as  a  board,  and  not  singly 1,  p.  G9'J, 

all  must  either  be  present  or  have  been  notified 1,  p.  G99, 

veto  of  a  majority  binds  all 1,  p.  C93, 

contract  by  board  of  directors  cannot  be  chan^'cd  by  less 

than  a  quorum 1,  p.  700, 

where  quorum  attend  meeting,  it  will  bo  presumed  that 

all  were  notified 1,  p.  700, 

at  what  time  meetings  must  bo  held 1,  p.  701, 

meetings  held  outside  of  state 1,  p.  701, 

power  of  directors  to  appoint  inferior  agent  and  delegate 

authority 1.  p.  702, 

secretary  and  treasurer  of  corporation,  powers  uf 1,  p.  70.'$, 

duties  of 1,  p.  70.3, 

president  of  cori)oration,  powers  of 1,  p.  705, 

liabilities  of 1 ,  p.  708, 

on  death  of  president,  vice-president  ni.iy  act 1,  p.  70'.), 

president  holds  over  until  another  president  is  elected.  1,  p.  70'J, 
death  of    bank  president  in  wliose  name  judguicnt  was 
obtained  does   not  abate  suit  brought  iu  behalf  of 

bank 1,  p.  700, 

entitled  to  compensation,  when 1,  p.  700, 

removal  of  ofl;icers,  power  of  inherent  in  corporation. .  .1,  p.  710, 

causes  good  ground  for  removal 1,  p.  711, 

practice  on  proceedings  to  remove  officers  of    corpora- 
tion .   1,  p.  712, 

notice  of  proceedings  to  remove  officer  re(piired 1,  p.  712, 

officer  illegally  removed  may  be  restored   i)y  mandamus 

1,  p.  713, 
by  restoration  acts  of  officer  while  removed  are  maile 

valid 1,  p.  713,  n.. 


§ 

40S 

§ 

403 

§ 

40S 

§ 

40S 

§ 

403 

§ 

409 

s 

410 

§ 

410 

§ 

411 

§ 

411 

§ 

412 

§ 

413 

§ 

414 

§ 

415 

§ 

41G 

§ 

416 

§ 

41G 

§    416 


§ 

416 

§ 

417 

§ 

417 

§ 

4n 

§ 

419 

§ 

419 

§ 

420 

§ 

420 

§ 

420 

§ 

420 

§ 

420 

§ 

420 

§ 

421 

§ 

421 

§ 

421 

§ 

421 

§ 

421 

§ 

421 

6476  CORPOUATIONS. 

Corporations— (Continued. ) 

director  imiiroiitrly  excluded  from  meetings  by  his  co- 
dirc'ctura    lius    individual    light   of    action    a^^nin^t 

them 1.  p.    713,  §    421 

acts  of  agents  within  tlicir  nuthcrity  hind  corporation.!,  p,    714,  S    4-2 

proof  of  einiiliiyniint  of  agent,  how  mndo   1,  j).     714,  §    422 

otlurwiso  ^\  hen  hiyind  the  curpurato  powciH 1,  p.    "^l.'i,  §    4'J3 

or  are  not  in  ftuni  required  hy  charter 1,  p.     ,  IG,  §    424 

knowlcdj^e  ly  tl  iid  person  of  lin.itation  in  power  of  general 

agent  not  presumed 1,  p.    71G,  §    423 

knowledge  by  third  i)erson3  of  provisions  of  charter  pre- 
sumed   1,  p.    717,  §    42G 

but  nut  of  by-law.**  or  regulations 1,  p.    7 IS,  §    427 

liability  of    c.rporatiou   for  fraudulent    rci>rcsentation    of 

agent 1,  p.    718,  §    423 

ratification  by  cor]:oriti<m  of  act  of  agent 1,  p,  719,  §j  420,  430 

ratifiuatiun  implied  by  conduct 1,  p.     719,  §    431 

what  acts  cannot  be  ratified  by  stockholders.!,  pp.  720-723  §,^  432,  434 

implied  ratification  by  stockholders !,  j)]).  720-722,  §    433 

agent  for  coiporation  need  not  be  apjiointed  by  seal. . . . !,  p.      19,  §      17 
6.  Stvr/, holders  and  Creditors;  Jiinhls  and  Liabililics  of, 

contract  of  niendicr.-hip,  how  created !,  p.    72,'>,  §    435 

form  of  contract  of  subscription !,  p.    72.5,  §    435 

broker  purchasing  stock  for  customer,  and  treating  it  as  his 

own,  may  be  liable  as  stockholder 1,  p.  725  n,  §    4.35 

act  of  voting  stuck  does  not  make  voters  stockholders.!,  p.  725  n,  §    435 

agreement  to  subscribe  not  a  subscription 1,  p,    727,  §    435 

action  will  not  lie  on  subscription  unless  it  contains  cxjiress 

promise  to  pay 1,  p.    727,  §    4 J5 

the  issue  of  a  certificate  not  essential  to  make  subscriber  a 

BtockhoMer 1,  p.    728,  §    435 

making  certificate  and  mailing  it  to  a  stockholder  is  issuing 

it !,p.    728,  §  433 

no  certificate  of  stock  need  be  tendered  before  bringing  suit 

for  subscription !,  p.    728,  §    435 

loss  of  certificates  of  stock  being  established,  corporation 
cannot  refuse  to  is&uo  new  certificates  on  ground  that 

bond  of  indemnity  was  not  furnished 1,  p.    728,  §    433 

agent  cannot  rescind  i-ubscrii'tii  n  to  stock !,  p.    72S,  3    433 

statutory  modes  of  becoming  stockholder    must    be    fol- 
lowed  1,  p.    729,§   43G 

oral    subscription    not    binding    when    statute    requires 

writing !,  p.    729,  §    430 

subscriber  not  liable  on  subscription  until  corporation  or- 
ganized   1,  p.    733,  §   437 

cannot  avoid  his  subscription  because  corp  ration   not 

duly  organized 1,  p.    732,  §    433 


? 


CORPORATIONS.  G477 

Corporations  -{Continueil.) 

Bul)3Lril)ers  not  stouUhoMers  until  nil  shares  are  taken.  1,  p.    732,  §    439 
stockhdlder  not  estojtpul  by  his  subscriiitiou  to  deny  lawful 

existence  of  a  corporation 1,  p.    7.']2,  §    438 

Bubacriljcrs  hound  from  time  of  subscrijition 1,  p.    733.  §    439 

liability  on  agretnient  to  form  corporation 1,  p.    734,  §    440 

mutual  assent  necessary  to  contract  of  subscription 1,  p.    73,"),  §    441 

8ubscripti(m  made  in  one's  name  without  authority 1,  p.    735,  §    441 

Bigiiing  sub.scriiiticn  to  stock  in  corporation  by  mistake.  1,  p.    73t),  §    441 
that  tlie  aflairs  of  tlio  corporation  are  unwiicly  <\  anaged,  or 
its   contracts  not  authorized,  will  not  relieve  stock- 
holder from  liability 1,  p.    730,  §    441 

preliminary  deposit  with  subscription  not  a  condition   pre- 

.''<='^|e»* l,p.    737,§   442 

subscription  in  writing  cannot  be  proved  by  parol 1,  p.    738,  §    443 

the  terms  of  tliu  written  subscription  cannot  be  varied   or 

a^'^led  to 1,  p.    73s^  §   443 

stock  book  prima  fack  evidence  of  number  of  shares. .  1,  p.    738,  §    443 
liability  of  stockholder  to  contribute  his  share  of  capital 

/t°«'' l,p.    738,§   444 

capital  agreed  upon  must  be  first  subscribed 1,  p.    740,  §    445 

other  conditions  precedent  to  liability  of  stockholder.!,  p.    741,  §    446 

•who  may  make  assessments  wid  calls 1,  p.    741 ,  §    447 

paid  corporate  stock  cannot  be  assessed  without  special  au- 
thority in  charter  or  statute 1,  p.    741,  §    448 

notice  of  time  and  place  of  payment  of  Assessment  on  stock 

must  be  given 1,  p.    740^  §    449 

no  demand  for  the  payment  of  assessment  need  be  made 
other  than    giving  of  notice    required  by  by-laws 

1,  p.    742,  §   448 
mailing  notice  of  assessment  to  subscriber  snlEcient. ...  1,  p.    743,  §    443 
liability  of  subscr.ber  after  abandonment  of  enterprise.  1,  p.    744,  §   449 
subscription  upon  condition;  subscriber  not  bound  until  con- 
dition performed 1,  p.    744^  §    450 

subscriber  cannot  show  that  some  of  the  persons  who  sub- 
scribed to  make  up  requisite  amount  are  not  respon- 

"•^^^ l.p.    745,§   450 

or  that  a  formal  subscription  was  not  made 1,  p.    745   §    4jq 

where  a  subscriber  acts  as  member,  or  waives  condition,  no 
defense  that  his  subscriptiou  was  upon  condition  i)rc- 
cedent,  or  special  terms l^  p.    743,  §    451 

parol  evidence  not  admissible  to  prove  a  condition  not  con- 
tained in  a  subscription  to  stock 1,  p.    749  §    451 

subscriptions  to  stock  obtained  by  fraud  or  fraudulent  re- 
presentations are  voidable 1,  p.    731    s    452 

illustrations  of  false  representations  held  not  to  avoid   the 

subscription 1^  p.    754^5   453 

Iawso.\  R.  &  IL— 453. 


6478  CORPORATIONS. 

Corporations — (Continued. ) 

person  guilty  of  laches  cannot  avoid  Bubacription  to  stoc  k 

obtaineil  by  frauil 1,  p.    7i"0,  §    4S4 

BtockholikT  cann  it  rescind  cont  act  of  8ul)scri])ti()n. ...  1,  p.    75(i,  §    453 
modes  in    which  BtDckholdcr  can    tsc.ipo  fnini   oMii,'iitiou 

of  his  contract 1,  p.    757,  §    455 

by  transfer  of  his  shares,  and  an  acceptance  of  transfer 

by  corporation 1,  p.    757,  §    455 

by  forfeiture  and  sale  umier  autlioiity  expressly  coiiferied 

on  conipa.iy  by  its  charter 1,  p.    757,  §    455 

by  exi)iriitioa  of  the   cliarter  according  to  its  own  limita- 
tions  1,  p.    757,  §    455 

by  forfeiture  of   franchises  and   dissolution   of   conip.my 

at  suit  of  state 1,  p.    757,  §    455 

by  act  of  the  majority  in  \vin<!in.;  up  business  of  uonipany 

and  surrendering  is  charter 1,  p.     757,  §    455 

by  act  of  thu  shardiol  ler  where  permission  to  withdraw 

expressly  conferred  by  cliarter 1,  p.    757,  §    455 

by  unanimous  consent  of  nuniliers  of  company 1,  p.     7'>7,  §    4")5 

that  charter  has  been  violate!  n  >  ground  for  reaoission 1,    7.")-<,  ■?    45'! 

remedy  against  stockholders  for  failure  to  pay  as-iessmunts.l,     75J,  3    457 
power  to  forfeit  an  I  sell  shares  for  failure  to  pay   assess- 
ments  1,  p.    750,  §    457 

forfeiture  a  cumulative  rem jdy.. ,.  1,  p.  701,  §  4")7;  1,  p.    7li3,  3    459 
no  notice   necessary  before  suit    up  m   a  subscription  after 

the  subscriber  becomes  a  stockholder 

1,  p   7(JI,§  457;  1,  p.  7G3,  §   459 
no     tender  of     certificate   of  stock   necessary   before   suit 

bro>ight  upon  subscription 1,  p.     7G1,  §    457 

stockholder  has  equity  of   redemption  in  foifeited  shares 

l,p-    701,  §    457 

Btockholder  has  right  to  transfer  shares  at  will 1,  p.    7di',  §    453 

right  to  transfer  ceases  at  dissolution  of  ( orporation 1.  p.    7(i2,  §    453 

corporation  may  maiutainactionagi-nst  pui-.i.  11  who  presents 

forged  jiower  of  attorney  to  irarsf  r  t-tock 1,  p.  7G2,  §    453 

when    stockholders  remain  liable,    not.v'flistauding   trans- 
fer  1,  p.    7(i:i,  §    459 

where  transfer  made  to  insolvent 1,  p.    70  >,  §    459 

or  to  infant 1.  I>.    70;i,  §    453 

or  to  corporation  itself 1,  p.    7<).'J,  §    459 

elTect  of  transfer  ■  f  shares 1,  p.    701,  §    430 

transferrer  is  relieved  from  future  liability 1,  p.    701,  §    409 

formalities  required   by   charter   iu   transfer    must  bj  ob- 
served  1,  p.    705,  §    401 

but   equitable   assignments  of   certificates   of  stock  pro- 
tected by  courts 1,  p.    707,  §    402 

assignment  of  shares  by  indorsement  of  certificate....!,  p.    769,  §    403 


453 


conroRATioNS.  6479 

Corporations— (Contirmed.) 

iudoraeiiieut  of  tertitioatoi  of    stock    need  not  l»o  under 

""''l 1,  p.    770,§    463 

purchaser  takes  godd  title,  lut  air.'cted  hy  eiiuitios 1,  p.    770,  §    4G4 

truusfor  of  stock  by  delivery  ot  certilicates  good  against  at- 
taching creditor  of  the  transferrer 1,  p.    771,  §    4G3 

couveyanco  of  shares  in  a  corporation  not  within  recording 
acts,    record    does    not    char-^o     with    construutivo 

°°*'°« 1,  p.    771,  §   4G4 

Btocks  are  articles  of  commerce;  doctrine  of  constructive 

notice  l»y  lis  pendcnx  not  applicable  to  them 1,  p.    771,  §    464 

on  sale  of  stock  vendor  does  not  warrant  that  corporation  is 

corporation  dejure i,  p.     771^  g    454 

corporation  has  no  lien  on  shares  of  stock  for  asdossmenti  or 

other  del>ts  of  stockholder 1,  p.    771,  §    4(55 

has  no  right  to  refuse  transfer  upon  stock  Look    Lecauso 

holder  indebted  to  company 1,  p.     770  §    405 

lien  may  Le  given  to  corporation  by  charter  or  articles  of 

association,  or  bydaws 1,  p,    770  g    4(55 

or  by  the  usage  of  couijiany  known  to  stockholders. .  1,  p.    772,  §    465 
dividends  due  M  hen  notice  of  assignment  received   may  be 
retained  as  security  for  indebtedness  of  assignor  to 

co'"fany l,p.    772,g   465 

statutory  liens  for  debts  due,  does  not  give  lien  upon  divi- 

dends  accruing  after  death  of  shareholder 1,  p.    772,  §    465 

corporation   may  waive   lien  on  shares,  as  by  permitting 
transfer,  or  by  rejjresenting  to  transferee  that  shares 

are  unencumbered 1,  p.    773^  §    455 

remedies  against  corporation  for  refusing  to  allow  transfer  of 

«^"^k: l,p.    774^§    4gg 

equity  will  compel  corporation  to  transfer  stock 1,  p.    774,  §    4G6 

mandamus  will  lie  to  compel  oliicers  of  corporation  to  make 

transfer  of  stock  on  its  books 1,  p.    775  §    4C6 

assignee  of  certificate  of  stock  may  treat  the  refusal  to 
transfer  as  a  conversion,    and  sue  the  company  for 

value  of  shares l,  p.    775^  §   455 

where  corporation  unreasonably  refuses  to  transfer  shares 
unless  under  decree  of  court,   costs  will  be  decreed 

ajf'^'wstit l,p.    775^5  45Q 

corporation  cannot  be  compdleil  to  viake  transfer  when  stock 
has  been  issued  in  violation  of  charter,   even   though 
all  the  stockholders  may  have  consented  to  issue.  1,  p.    775,  §    466 
on  failure  to  transfer  stock  at  request  of  a  pledgee,  bank  not 

1  able  for  subsequent  depreciation  of  stock 1,  p.     775  §    4G6 

no  defense  to  an  action  for  refusing  to  make  transfer  of  stock 
that  president  was  sick  and  unable  to  sign  new  certili- 
***« l,p.    775,§  466 


6480 


CORrORATIONS. 


Corporations— (Continued.) 

nor  that  purchaser  did  not  leave  old  certificate  at  time  he 

made  the  transfer 1,  p.    775,    §  4C(> 

holder  of  certificate  of  stock  may  maintain  action  agixinst  one 
who,  having  assigned  oertiticate,   caues   cor2)orati"n 

to  refuse  to  transfer  tlie  stock  on   it-s  I)ook3 1,  p.    775,  §    4CS 

liability  of  corporation  for  niuking  or  permitting  unauthor- 
ized transfers 1,  p.    770,  §    4G7 

if  shares  are  transferred  upon  s'ock  book  upon  f(^rgod  in- 
dorsement, or  forged  power  of  attorney,   real  owner 

not  divested  of  his  right  as  a  stockholder 1,  ?•    777,  §    4G7 

transfer  of  stock  by  corporation  upon  its  books  in  absencj  of 

original  certiH  ate  made  at  its  peril 1,  p.    777,  §    4G7 

Btatus  of  shares  of  stock 1,  p.    779,  §    403 

are  personal  property 1,  p.    779,  §    403 

not  an  "  interest  in  land  "  within  statute  of  frauds. .  .1,  p.    779,  §    4GS 
stock  in  incorporated  company  is  "property  "  within  Ken- 
tucky code 1,  p.    779,  §    403 

not  subject  to  dower 1,  p.    779,  §    403 

on  death  of  owner  they  pass  to  executor  and  not  to  lieir 

1,  p.    779,  §    403 
tliey  are  "goods,  wares  and  merchandise  "  within  statute  of 

frauds 1,  p.    779,  §    403 

what  are  "profits" 1,  p.    70,  §    409 

what  are  "  profits  for  the  year  " 1 ,  p.    7S9,  §    409 

dividends  can  only  be  paid  out  of  prolits,  and  cannot  be 

taken  out  of  capital 1,  p.    7S0,  §    470 

interest  on  shares  must  be  paid  from  profits 1,  p.    7S0,  §    470 

corporation  has  no  power  to  contract  for  p.ayment  of  inter- 
est or  dividends  on  capital  stock  in  excess  of  earn- 
ings  1,  p.    7S0,  §   470 

action  of  directors  in  declaring  dividend  with  knowledge 

that  there  are  no  profits  illegal 1,  p,    780,  §    470 

discretion  of  directors  in  declaring  dividends 1,  p.    780,  §    471 

pl'^dqe  of  securities  carries  dividends 4,  p.  3305,  §  1759 

di. -;  tors  must  not  abuse  discretion;  cannot  willfully  with- 
hold profits  or  apply  them  to  purposes  not  authorized 

by  the  charter 1,  p.    781,  §    471 

dividends  declared  by  directors  and  received  by  stockhold- 
ers may  be  reclaimed  by  directors  if  declared  under  a 

mistake 1,  p.    781,  §   471 

right  to  issue  new  stock  in  form  of  dividends 1,  p.    781,  §    472 

stock  dividend  belongs  to  holders  of  stock  at  time  of  declara- 
tion  1,  p.    781,  §   472 

cash  dividends  are  income;  stock  dividends  are  capital.  .1,  p.  782,  §    472 
vhere  new  stock  issued  old  stockholders  have   first  right 

toit l,p.    7S2,§  473 


4G7 

4G7 
4G3 
403 
4U8 


C0EP0RATI0N3.  6481 

Corporations— (Continued. ) 

stockholder  has  no  right  to  profits  until  dividend  is  de- 
clared  1,  p.    7S2,§   474 

when  a  dividead  declared,  each  stookhoMer  has  ri^^ht  to  be 
paid  h.s  share,  which  he  may  recover  by  assumpHt 

against  corporation 1,  p.    782,  §    474 

or  equity  will  compel  payment 1,  p.    782,  §    474 

mari'lamus  is  not  proper  remedy 1,  p.    782,  §    474 

directors  who  have  failed  to  declare  dividends  at  charter 
time  cannot  declare  one  extending  over  period  of 
failufe 1,  p.    7S2,  §   474 

unpaid  dividends  are  a33et3,  and  liable  for  debts   of  the 

compiny 1,  p.    752,  §    474 

acceptance  by  stockholder  of  dividend  no  ratification  of  ille- 
gal conduct  of  the  directors 1,  p.  7S3,  §    474 

sale  of  shares  gives  purchaser  right  to  dividends  already  de- 
clared, but  not  payable  until  after  transfer  of  the 
stock 1,  p.    783,§    474 

stockholders  at  time  when  dividend   declared  entitled  to 

i* l,p.    783,§474 

dividends  are  personalty,  an  I  do  not  go  tu  the  heir 1,  p.    783,  §    474 

extraordinary  dividends  belong  to  person  holding  life  interest 

in  stock 1,  p.    783,  §   474 

increase  of  capital  shimld  be  kept  for  remainder-man,  and  an 
increase    of    income    should  be   paid  to   tenant   for 

life 1,  p.    783,  §    474 

dividends  already  paid  to  stockholders  cannot  be  reached  by 

creditors  of  corporations 1,  p.    785,  §    474 

corporation  which  has  issued  negotiable  certificates  for  extra 
dividend  cannot  refuse  to  pay  stockholder  amount  ol 
lost  certificate;  may  protect  itself  by  exac:iug  indem- 
nity  1,  p.    783,  §   474 

dividends  cannot  be  apportioned,  but  must  be  paid  to  own- 
er of  share  at  time  dividend  is  declared 1,  p.    785,  §    474 

stockholder  has  righ*;  to  examine  books  of  corporation..  1,  p.    787,  §    473 
court  will  compel  by  viindinim  officers  of  corporation  to 
accord  right  to  examine  books  to  stockholder  or  to 

those  entitled  to  see  or  use  them 1,  p.    787,5    475 

when  inspection  will  not  be  ordered 1,  p.    787,  §    473 

stockholders'  m  jeting;  notice  of  must  be  given 1,  p.    793,  §    476 

at  what  place  mi "  meetings  be  held   1,  pp.  70),  7'Ji,  §    476 

meeting  of  stocknoiders  on  Sunday  not  illegal 1,  p.    791,  §    478 

who  may  call  meetings 1,  p.    791,  §    477 

distinction  b  tween  general  and  special  meetings 1,  p.    792,  §    478 

adjourned  meetings 1,  p.    793,  §    479 

who  have  right  to  vote  at  stockholders'  meetings ....  1,  p.    7J3,  §    480 
voting  by  proxy,  when  allowed 1,  p.    793,  §    480 


6482 


COliPORATIONS. 


Corporations—  (Continued .) 

election  of  officers,  procedure  in 1,  p.    799,  §    481 

eciuity  has  no  authority  to  determine  validity  of  election  of 
officers  of  a  private  corporation,  and  pronounce  judg- 
ment of  amotion 1,  p.    800,  §    431 

term  of  officers  elected  for  a  year 1,  p.    801 ,  §    4S1 

power  of  majority  of  corporation  to  make  liy-laws 1,  p.    803,  §    482 

by-laws   muit   be   reasonable   and    not   contrary  to   public 

policy 1,  p.    803,  §    482 

■what  are  and  are  not  bydaws li  p.    803,  §    482 

me  liber  of  corporation  presumed  to  know  by-laws 1,  p.    803,  §    482 

by-lawi  may  be  good  in  part  and  bad  in  part   1,  p.    804,  §    482 

cannot  act  retrospectively 1,  p.    804,  §    482 

illustrations  of  by-laws  held  invalid 1,  p.    80G,  §    484 

by-laws  contrary  to  provision  of  charter  or  fetatutf 1,  p.    806,  §    484 

bydaws  in  restraint  of  trade 1,  p.    80G,  §    484 

by-law   reijuiring   members  to  bring  suit  only  in  certain 

county 1,  p.    806,  §    484 

by-law  recj^uiring  members  to   submit  disputes  to  arbitra- 
tion   1,  p.    806,  §    484 

curtailing  the  right  of  members  to  vote  1,  p.    807,  §    484 

by-law  prohibiting  the  transfer  of  stock,  except  at  the  office 
of  the  company,  personally  or  by  attorney,  and  with 

the  assent  of  president 1,  p.    807,  §    484 

a  by-law  providing  membership  to  be  forfeited  upon  enlist- 
ment in  army  or  navy 1 ,  p.    807,  §    484 

a  by-law  of  benevolent  association  providing,  as  a  penalty  for 
the  non-iJa3nnent  of  dues,  tliat  delinfjuent  should  for- 
feit his  right  to  any  benefits  while  in  arr^^'ars,  and  for 
period  of  three  months  after  payment  of  arrears..!,  p.  807,  §  434 
a  by-law  which  requires  consent  of  all  stockholders  to  trans- 
fer of  stock  of  one  of  them 1,  p.    807,  §    484 

by-law  increasing  dues  of  members 1,  p.    807,  §    434 

instances  of  by-laws  held  valid 1,  p.    805,  §    483 

by-laws  regulating  manner  of  holding  meetings  and  elect- 
ing officers 1,  p.    805,  §    483 

regulating  manner  of  transferring  shares 1,  p.    805,  §    483 

by-law  prohibiting  tickets  to  be   counted  at  an  election  on 

which  anything  besides  names  of  candidates....!,  p.    805,  §    483 

authorizing  stockholders  to  vote  by  proxy !,  p.    805,  §    4S3 

by-law  prescribing  trial  of  members  for  any  delinquencies, 
before  select  number  of  members  appointed  by  presi- 
dent  !,  n.    805,  §    483 

•  by-law  of  board  of  underwriters,  requiring  members  to  fol- 
low uniform  rates  of  insurance !,  p.    805,  §    483 

by-law  of  stock. exchange,   that   seat  may  l)e  disposed   of 

among  creditors  iu  exchange  in  certain  manner. . .!,  p.    805,  §   483 


CORPORATIONS. 


tiida 


4S1 
481 

482 


Corporations— (Continued. ) 

by-law  of  board  of  trade  as  to  what  outside  persons  its  tele- 
graphic rep jrt3  may  be  distributed 1,  p.    805,  §    483 

by-law  rjijuirinT  clurk  to  be  sworn 1,  p.    SOj,  §    483 

by-law  aiuhoii/iiig  board  tj  expel  member  guilty  of  "  dis- 

houesty" 5,  p.    805,  §    483 

by-law  susp-uJiii:;  members  fi)r  failure  to  pay  assess- 
ments   1,  p.    80G,  §  483 

etocliholdor  who  acts  as  trustee  and  ag'ut  entitled  to  com- 
pensation   1,  p.    14G,  §     95 

ratilicatiou  by  company  of  acts  of  promoters 1,  p.      33,  §      33 

persons   failing  to  organize  properly  us  corporation  become 

partners 2,  p.  1101,  §    G33 

Btoc'.ihoKlcr  cannot  sue  f'lr  iiijiirijs   toe  rporation.    ...1,  p.    807,  §    435 
alUcr   wliJii  ollijers    wrongfully  refuse   to   bring   suit  in 

name  of  corporation 1,  p.    810,  §    436 

discretionary  i^owcrs  of  ollijcrs  of  corporation  will  not  be  in- 
terfered with  at  suit  of  stockholders    1,  p.    815,  §    487 

stockholders'  bill;  who  may  or  must  be  complainants. .  .1,  p.    SIO,  g    483 
who  may  or  must  be  defemlants 1,  p.    817,  §    439 

Btockholders  not  liable  personally  on  corporate  contracts.  1,  p.    813,  §    490 
exceptions 1,  p.    818,  §    490 

Btockholders   not  personally  liable  for  debts  of  corp  pra- 

tion 1,  p.    818,  §    491 

excei  tions 1,  p.    819,  §    491 

capital  st  ick   of  corporation  a  trust  fund  for  payment  of 

creditors 1,  p,    819,  §    492 

unpaid  sub-criptions  a  trust  fund  for  all  creditors,  and  can- 
not be  attached  by  judgment  creditor 1,  p.    819,  §    492 

stock  must  be  paid  for  in  money  or  money's  worth 1,  p.    8'2J,  §    49J 

wiien  property  cannot  be  taken  in  payment 1,  p.    823,  §    404 

rights  of  creditors  to  unpaid  assessm-nts  on  sto  k 1,  p,    824,  §    495 

court  will  entertain  bill  for  discovery  to  compel  corporation 
or  its  members  to  disclose  whether  they  have  paid 
for  stock 1,  p.    824,§   493 

bill  iu  equity  by  creditor  will  lie  to  compel  a  stockholder  to 
pay  arrears  on  stock,  though  by  statute  ample 
remedy  is  provided , 1,  p.    825,  §    495 

presumption  that  certiticate  of  stock  is  fully  paid  up...  1,  p.  825  n,  §    493 

stockholder  cannot  decrease  number  of  shares  after  debts 

accrued 1,  p.    825,  §   493 

resolution  permitting  stockholders  on  payment  of  thirty  per 
cent,  on  their  shares  to  forfeit  them  void  as  against 
creditors 1,  p.    825,  §   493 

word  "  noa-assessable  "  upon  certificate  of  stock  does  not 
impair  obligatioa  to  p^y  the  amount  due  upon 
shares 1,  p.    825,  §   493 


6484 


COBPORATIONS. 


Corporations— (Continued.) 

personal  liability  of  stockholclera  by  atituto .S,  p.    827,  §    493 

construction  of  statutes  making  stockholders  personally  lia- 
ble  1,  p.    831,  §   497 

personal  liability  of  stocklioldor  not  that  of  a  guarantor,  but 

an  original  liability 1,  p.    833,  §    493 

creditors  must  first  have  exhausted  romady  against  corp ira- 

tion 1,  p.    835,  §    493 

stockholder  not  liable  t3  an  execution  creditor  unless  such 

stockholder  be  in  default  to  corporation 1,  p.    835,  §    493 

stockholder  who  is  also  creditor  of  corporation 1 ,  p.    835,  §    493 

stockholder  cannot  by  buying  up  debts  of  corporation  dis- 

charge  his  liability 1,  p.    835,  §   493 

judgment  against  corporation  binding  upon  stockholders  till 
reversed,  .ind  couclusiva  upon  them  in  subsequent 

suit  by  same  plaintifiF 1,  p.    83G,  §   493 

competent  evidence  of  the  plaintiff's  status  as  a  creditor  of 

the  company  and  of  the  amount  due  him 1,  p.    836,  §    498 

a  release  by  creditor  of  stockholder's  liability  for  debt,  by 

instrument  under  seal,  discharges  corporation. ..  1,  p.    83G,  §   498 
personal  liability  of  atockholder  by  statute  for  wages  of  em- 
ployees, laborers,  etc 1,  p.    837,  §   499 

rightsof 6o»a_^tZeholderof3haresapparentlypaidup..l,  pp.  839-810,  §    530 
right  of  creditors  to  interfere  in    mauagcment  of  corpora- 
tion  1,  p.   840,  §   501 

to  prevent  dissolution  or  alteration  in  charter 1,  p.    810,  §    502 

6.  Dissolution  of  Corporation, 

by  expiration  of  term  or  happening  of  contingency 1,  p.    811,  §    503 

happening    of     contingency    must    be    judicially  ascer- 
tained  1,  p.    841,  §    503 

by  suTender  of  charter 1,  p.    842,  §    504 

public  corporation  cannot  surrender  without  consent  of 

state 1,  p.    812,  §    504 

aliter  as  to  private  corporations 1,  p.    843,  §    504 

corporation  miy  wind  up  business  and  sell  assets 1,  p.    813,  §    504 

surreudur  of  a  charter  presumed  from  neglect  for  long  time 
to  choose  corporators,  and  to  exercise  corporate  fran- 
chises  1,  p.   844,  §   504 

corporation  not  dissolved  by  neglecting  to  appoint  agents, 

or  to  carry  on  its  business 1,  p.    814,  §   595 

insolvency  does  not  work  a  dissolution  of  corporation.. . .  1,  p.    841,  §    505 
neglect  by  a  corporatiou  to  hold  raectiugs  for  ten  years  not 

ground  for  dissolution 1,  p-    844,  §    503 

nor  omitting  to  elect  officers 1,  p.    844,  §    503 

nor  does  a  sale  of  its  property  and  cessation  of  active  busi- 
ness   1,  p.    814,  §    605 

nor  by  single  individual  becoming  sole  owner  of  stock..!,  p.    815,  §   603 


coRroEATioNS— cosxa. 


6485 


Corporations— (Continued. ) 

nor  by  use  of  abbreviation  of  tlie  corporate  name 1,  p.    84.",  § 

corporation  dissolved  by  death  of  all  the  members 1,  p.    S4f!,  § 

Bale  by  r.iilroul  of  its  road,  ^ood  ground  for  dissolution..!,  p.    81G,  § 
misuser  or  non-user  of  franohisas  dissolves   corporation  V)y 

judj  neat  of  forfeiture  at  suit  of  the  state 1,  p.    84G,  § 

judgmiiit  of  forfeiture  doss  not  work  dissolution  of  corpora- 
tion; exeuutijtt  of  the  seizure  for  franchises  nec- 
essary  1.  P-    847,  § 

attorney-gsneral  not  co:npelled  by  mandamus  to  institute 

suit  for  forfeiture  of  charter  of  corporation 1,  p.    847,  § 

claim  of  forfeiture  of  franchise  cannot  be  raised  col- 
laterally  1.  p.    817,  § 

causes  held  good  ground  for  forfeiture 1,  p.    847,  § 

f."  ilure  of  corporators  to  organize,  not  a  ground 1,  p.    849,  § 

sale  of  propel  ty  a  good  ground,  when 1 ,  p.    849,  § 

legislature    may    waive    forfeiture   of    charter    by    cor- 
poration  1.  P'    849,  § 

atcommonlawon  dissolution  property  reverted  to  grantor.  1,  p.    850,  § 

but  equity  takes  charge  of  and  distributes  assets 1,  p.    8J0,  § 

dissolution  of  corporation  does  not  destroy  corporators' 

property  or  amend  its  contracts 1,  p.    852,  § 

after  dissolution  corporation  cannot  sue 1,  p.    852,  § 

cannot  be  made  party  to  suit  by  receiver 1,  p.    852,  § 

no  legal  judgment  can  be  rendered  against  corporation 

1,  p.    852,  § 
if  corporation  expires  before  judgment,  no  execution  can  be 

issued  ia  its  name 1.  P-    8.)3,  § 

nor  will  a  writ  of  error  lie 1.  P-    853,  § 

where  charter  cx(>ires  by  lapse  of  time  during  pendency  of 

appeal  in  suit  against  corporation,  appeal  abates..  1,  p.    853,  § 
corp  ration  cannot  dissolve  itself  so  as  to  escape  respon- 
sibilities or  liabilities 1.  p.    853,  § 

repeal  of  charter  cannot  impair  remedy  of  a  creditor. ...  1,  p.    85.3,  § 

revivor  of  corporations 1>  P-    854,  § 

Corpses. 

See  Burial. 
Costs. 

See  also  Fees. 

attorney  liable  personally  for  costs  of  cause  where  guilty  of 

gross  negligence  or  misbehavior 1,  p.    254,  § 

where  he  draws  up  and  signs  an  impertinent  pleading. .  1,  p.    254,  § 

or  m  kes  unnecessary  and  frivolous  motions 1,  p.    254,  § 

where  he  has  personal  interest  in  suit 1,  p.    255,  § 

where    he     institutes    disbarment    proceedings    in    bad 

faith 1.  p.    254,  § 

where  he  appears  without  authority 1,  p.  264  n,  % 


505 
505 
505 

5C8 


500 

506 

506 
506 

506 
506 

506 
507 
507 

507 
507 
507 

5J7 

507 
507 

507 

507 
507 
503 


153 
153 
153 
153 

153 
153 


C186 


COSTS — CO-TENANCY, 


254,  § 

153 

254,  § 

153 

.  255,  § 

153 

255,  § 

153 

255,  § 

153 

255,  § 

153 

255,  § 

153 

.  255,  § 

153 

.  504,  § 

330 

323  n,  § 

197 

317,  § 

195 

Costs —(Continued. ) 

personally  liable  to  sheriff  for  fees  for  serving  or  execut- 
ing process  which  he  has  delivered  to  him 1,  p. 

for  reasonable  disbursemeuta  made  by  officer  in  taking 

cave  of  property 1,  P- 

liable  for  costs   where  he   institutes   suit  for   non-resi- 
dent   1,  p- 

or  indorses  the  writ 1,  p. 

not  liable  for  fees  of  referee 1,  p. 

nor  of  commissioners  in  partition 1,  p. 

nor  of  a  stenoj^rapher 1,  p. 

nor  of  witness's  fees 1,  p. 

florvant  requesting  master  to  defend  suit  for  injuries  occa- 
sioned by  his  misconduct  liable  for  costs  and  counsel 

fees 1,  p. 

taxable  co^it"  i"  .  3'"^3sarily  measure  of  attorney's  com- 

pensatiij-   1>  P- 

attorney  liable  for  costs  of  motio"  to  strike  out  indecent  or 

scandii.'i  '.J  matter  in  plcadi.igs 1,  p. 

insolvent  person  suii' .    '^/>;'  .  ami  for  infant  will  be  re- 

quired, on  djfendant's  application,  to  give  security  for 

costs 2,  p. 

cost  of  i)roceeding  for  dissolution  of  partnership  will  be 
ordered  paid  out  of  partmirsliip  estate  unless  where 

one  partner  has  been  guilty  of  misconduct 2,  p. 

where  corporation  unreasonably  refuses  to  transfer  shares 
unless  under  decree  of  court,  costs  will  be  decreed 

agiiinst  it 1,  P- 

plaintiff's  cost  in  suit  in  which  he  was  arrested  recoverable 

in  action  of  false  arrest  and  imprisounieut 3,  p. 

garnishee  when  liable  for  costs  and  when  entitled  to. .  .7,  p.  501.'$,  § 

powers  of  arbitrator  to  award  costs 6,  p.  5312,  § 

tender  after  suit  bars  the  recovery  of  costs  accruing  subse- 
quently  5,  p.  41S2,  § 

costs  follow  judgment  of  ouster  in  quo  icarranto,  when. 7,  p.  6351,  § 
Co-tenancy. 

See  P^KTITION. 

estate  in  joint  tenancy,  when  created 6,  p. 

when  not  created 6,  p. 

joint  tenancies  not  favored  by  the  courts;  exi)ressly  abol- 
ished in  most  of  the  states 6,  p. 

right  of  survivorship  in  joint  tenancies 6,  p.  4I3G,  § 

entry  or  re-entry  by  one  joint  tenant  is  act  of  all 6,  p.  4436,  § 

occupation  by  one  is  prima  facie  an  occupation  by  all.  ..6,  p.  4436,  § 
joint  tenants  must  join  in  an  action  for  possession  of  land 
jointly  held;  one  can  neither  sue  nor  be  sued  alone  in 
respect  to  the  joint  estate 6,  p.  4436,  § 


1527,  §    840 


1247,  §   672 


775,  § 
1S45,  § 


4434,  § 
4434,  § 


466 

1077 
3634 
3343 

2526 
4046 


6719 
2719 


4435,  §  2720 
2721 
2721 

2721 


2721 


CO-TENANCY— COUPONS.  6487 

Co-tenancy— (Continued.) 

either  joint  tenant  may  convey  his  share  of  the  estate  to  co- 
tenant  or  to  stranger 6,  p.  443G,  §  2721 

devise  of  his  share  inoperative 6,  p.  4436,  §  2721 

Joint  tenant  cannot  bind  )ii3  co-tenant  by  a  contract  for  sale 

of  the  joint  estate 6,  p.  4436,  §  2721 

joint  tenant  may  convey  his  interest  in  joint  estate  by  nictos 

and  bounds 6,  p.  4436,  §  2721 

mortgage  by  two  of  three  joint  tunants  is  severance  of  ten- 
ancy  6,  p.  4437,  §2721 

estates  in  coparcenary  defined;  rights,  liabilities  as  to.. .6,  p.  4437,  §  2722 

tenancies  in  common,  how  created 6,  p.  443S,  S  2723 

wliat  words  will  create  tenancy  in  cnmmon 6,  p.  443!),  §  27-3 

possession  of  one  tenant  is  possession  of  all (i,  p.  4431),  §  2723 

ouster  and  adverse  possession  by  tenant  in  common,  how 

shown '. 6,  p.  44."A  §  2723 

tenancy  in  common,  how  dcstroj't  d 6,  p.  44  J2,  §  2723 

ia  what  cases  and  for  what  injuries  may  one  tenant  in  com- 
mon sue  another 6,  p.  4442,  §  2724 

tenant  liable  to  account  to  co-tenant  when 6,  p.  4143,  §  2724 

what  actions  cannot  be  maintained  by  one  tenant  against  co- 
tenant  6,  p.  4444,  §  2724 

tenants  in  common  must  sever  in  real  actions;  but  in  actions 

for  injury  to  estate,  they  must  joiu 6,  p.  4444,  §  2725 

tenants  in  common  of  p3rsonalty  must  join  in  action. .  .6,  p.  4445,  S  272.5 

when  tenants  in  common  need  not  join 6,  p.  4 1  io,  S  2725 

co-tenant  may  manage  estate  in  his  own  way 6,  p.  4440,  §  2726 

liable  to  co-tenant  for  repairs  and  improvements,  when. 6,  p.  44  Ui,  §  2726 

liable  to  co-tenant  for  incumbrances  paid  off 6,  )>.  444S,  §  2726 

liable  for  taxes  paid  by  co-tenant 6,  p.  444S,  §  2720 

co-tenant  may  take  peaceable  possession  of  estate 6,  p.  4448,  §  2720 

cannot  purchase  estate  for  himself 6,  p.  4448,  §  2726 

undivided  interest  of  tenant  in  common  may  be  seized  on 

execution 6,  p.  4440,  §2727 

right  of  tenant  in  common  to  convey  e-tati 6,  p.  444!),  §  2727 

tenant  in  common  may  sue  co-tenant  for  services  rendered 

the  estate 1,  p.    146,  §     95 

trover  lies    against  tenants    in    common    for    conversion 

when 7,  p.  5G95,  §  3071 

owner  in  common  of  copj'right,  who,  at  his   sole  expense, 
prints  and   sells  the  book,  not  liable  in  absence  of 

agreement  to  account  to  co-owner 4  p.  2S23,  §  1032 

resulting  trust  in  case  of  joint  tenancies.... 4,  p.  3124,  §  2012 

Counsel. 

See  Attorney  and  Client. 
Coupons. 

See  BoND& 


C483  COUNTEKCLAIil— CRors, 

Counterclaim. 

Sec  1'li:au!NO  AND  rnACTICB, 
County  Orders. 

See  ]}oM)S. 
County  Warrants. 

Seu  1juni>3. 
Courts. 

See  alsa  CoNSTmrriosAi.  Law,  5;  Judoes;  Officers  ov 
CouuT. 

"due  process  of  law,"  what  is 7,  p. 

duo  process  not  necessarily  judicial  prucess 7,  p. 

summary  process  to  enforce  payment  of  taxes  valid. . .  .7,  p. 

trial  by  jury  not  necessary  to  '•  due  procesi" 7,  p. 

statute  dispensing  with  judicial  ascertainment  of  facts  nut 

*'  due  process"  and  unconstitutional 7,  p. 

oa  statute  authorizing  seizure  and  destruction  of  gambling 
tables  ai.d  devices,  or  of  implements  u  ed  in  illegal 
fishing,  without  judicial  hearing  and  judgment.  .7,  p. 
right  to  "  due  process"  inhibits  the  legislature  from  dispens- 
ing with  personal  service 7,  p. 

legislature  cannot  pass  judgments  or  decrees 7,  p. 

agreements  having  tendency  to  prevent  or  influence  course 

of  public  justice  illegal  and  void 5,  p. 

Covenants. 

See  DEKD.S,  3. 

iu  leases,  see  Landlord  and  Tenant. 

not  to  sue,  see  IIi!:le.ase. 

assumpsit  distinguished  from  action  of  covenant 7,  p. 

Credit. 

implied  power  of  agent  to  give  credit 1,  p. 

Crimes. 

See  Torts. 

when  tort  a  crime,  oDTender  need  not  first  be  prosecuted 

criminally 3,  p. 

Criminal  Conversation. 

action    lies    by    husband    for  seducing  or  enticing  away 

wife 3,  p. 

actual  marriage  must  be  proved 3,  p. 

defenses  to  action 3,  p. 

measure  of  damages 3,  p. 

evidence  in  actions  of 3,  p. 

Cropper. 

as  to  crops  raised,  owner  of  land  and  cropper  are  tenants  in 

common  6,  p. 

Crops. 

See  also  Accession;  Emblements. 

crops  standing  uncut  and  ungathered  are  real  estate. .  .6,  p. 


5054,  §  3783 
50:.6,  §  3788 
595(;,  §  3788 
5050,  §  37S8 

5957,  §  3788 


5057, §  3788 

5957,  §  3788 
5957,  §  3788 

3998,  §  2397 


5734,  §  3CS9 
105,  §     CO 

1720,  §  1015 


1915,  §1105 
191C,  §^1103 
1{)18,  §1106 
1918,  §  1107 
1920, §  1108 


4571,  §  2800 


4370,  §  2GS1 


CROPS— DAMAGE3,  0489 

Crops— (Continued.) 

go  to  iluvisee  of  land,  not  to  exrcutor 0,  p.  4^72,  §  SCSI 

sale  of  land  can  ies  growing  crops 6.  p.  4;{7-,  §  -Oil 

crops  planted  after  action  of  ejectment  commenced  belong 

to  one  recovering  possession 6,  p.  4372,  §  2031 

alitcr  if  crops  are  hiuvestcd  before  judgment 6,  p.  4j7-,  §  2US1 

crojjs  sowed  by  one  having  no  ()\vner.slii[),  nor  permis>ii)ii 

from  owner  of  land,  belong  to  latter 6,  p.  4372,  §  2CS1 

crop  when  mature  and  to  be  gatiiored  immediately,  may  be 

sold  as  persoualty 0,  p.  4073,  §  2tJSl 

Cross  Complaint. 

See  Pleading  and  Pbactice,  4. 
Cruelty. 

See  Divorce,  3. 
Curative  Laws. 

See  Constitutional  Law,  6. 
Curtesy. 

See  IIUSBAXD  AND  WiFB. 

Custody. 

Sue  Parent  and  Child,  2, 
Custom. 

See  Usage  and  Custom. 
Cy-pres. 

the  doctrine  oi  cy-prca 2,  p.  IIGS,  §    C30 

Dairies. 

when  a  nuisance 6,  p.  4SGC,  §  2D92 

Damages. 

See  Proxhiate  and  Remote  Causis, 

1.  General  Principles. 

2.  Assault  and  Battery. 

3.  Action  for  Causing  Deatii. 

4.  Action  for  Killing  Stock  by  IvAILT?oads. 

5.  Breach  OF  Contract;  Sales;  Vendor  and  PcECnASlB, 
G.  Breach  of  Covenant  in  Deeds. 

7.  Carriers  of  Goods  and  Passengers, 

8.  Civil  Damage  Laws. 

9.  Insurance— Fire. 

10.  Insurance— Life. 

11.  Insirance— Marine. 

12.  False  Arrest  and  Imprisonment. 

13.  Landlord  and  Tenant. 

14.  Malicious  Pkosecution. 

15.  ^"  EG LioKNT  Injuries. 

16.  Nuisance. 

17.  Seduction  and  Crim.  CoK. 

18.  Slander  and  Libel. 

19.  Telegraph  Companies. 


6400 


DAMAGES. 


Damages— (Continued.) 

20.  Tkadk-maiuvs. 

21.  Watiksasu  WATnn-counsF.g. 

22.  In  UiiiKit  ArnoNs  anu  Casks. 

23.  LryUlDATKO  D  VMAfJES  AUD  TjiNALTIES, 

24.  E.\i;Mri,AUT  Damasks. 

2").  AcinsAVATioN  OF  Damages. 
2G.  MiTIOATIO.V  OF  Damacjk3. 
la   General  I'riiii'ij)li'». 

what  iuo  yciioral  diimagc^ , 5,  p.  42S1,  §  COIG 

wliat  aro  spuoial  dainagus 5,  p.  4US5,  §  2til7 

when  (hiiiiagus   Unary  assessed,  aniouiit  c  urliisive,  and  no 
fuluro  lo-i3  suliSL'qnuatly  ari.iiiig  from  same  cause  can 

bo  made  ground  of  now  action 6,  p.  4292,  §  2024 

if  action  barred,  by  lapse  of  tiim-,  or  by  s  itisf'iclion  or  dis- 
chaige,  all  claim  for  damages  niibsei|uently  arising 

from  same  cause  barred  with  action 5,  p.  4202,  §  2024 

but  damages  assessed  are  not  bar  to  now  cause  of  aotiiin.5,  p.  4'2i)3,  §  2025 

damages  cannot  bo  assessed  beyond  penalty  of  bond 2,  p.  151)7,  §    883 

both  apceific  performance  and  damages  nut  generally  given, 

5,  p.  4251,  §  25S4 
damages  recovered  in  action  by  husbiind  and  wife  for  per- 
sonal injuries  to  wife  aro  property  of  husband.. .  .3,  p.  1359,  §    733 

2.  Assault  and  Battenj. 

plaintiff  miy  recover  general  damngi  s  from  assault 3,  p.  1  SI 7,  §  1000 

loss  of  time 3,  p.  1817,  §  lOGO 

physician's  charges 3,  p.  1817,  §  lOOO 

personal  suffering 3,  p.  1817,  §  lOfiO 

mental  anguish 3,  p.  1  SI  7,  §  1000 

cannot  recover  costs  of  suit 3,  p.  1818,  §  1063 

exemplary  damages  recoverable  when 3,  p.  ISIS,  §  10(51 

evidence  in  aggravation  of  damages 3,  p.  1818,  §  1061 

evidence  in  mitigation  of  damages 3,  p.  1319,  §  1062 

3.  Action  for  Ciiiisiiiij  Death. 

pecuniary  loss  on  i)art  of  beneficiary  requisite 3,  p.  17-0,  §  1021 

pain  and  suffering  of  deceased  not  an  elomont 3,  p.  1730,  §  1021 

not  necessary  that  beneticiary  should  have  legal  claim  on 

deceased 3,  p.  1730,  §  1021 

nominal  damages  recoverable 3,  p.  1 732,  §  1021 

exemiilary  damages,  when  recoverable 3,  p.  17.32,  §  1021 

illustration  of  verdicts  not  disturbed  on  appeal. . .  .3,  p.  17.33  n  ,  §  1021 

measure  of  damages  where  <leceise  1  a  minor 3,  p.  17.33,  §  1022 

evidence  admissible  as  to  measure  of  damages 3,  p.  17.3,>,  §  1023 

evidence  admissib'e  in  mitigation  of  damages .3,  p.  1736,  §  1024 

4.  Actum  arjdlud  Hail  road  for  Killinif  Storl: 

where  stock  is  killed  or  rendered  entirely  valueless,  measure 

of  damages  is  its  value  at  time  of  injury 3,  p.  2542,  §  1418 


DAMAGES.  6491 

Damages— (Continued.) 

where  animal  killed  or  injured  has  vahie  as  meat 3,  p.  C542,  §  1413 

if  animals  killud  arc  used  or  yiveu  away  by  plaintiff,  value 

of  carcass  aliould  bo  duduo'ed 3,  p.  2513,  §  1418 

not  necessary  tliat  owner  of  animal  maimed  should  surrciidur 

it  to  company 3,  p.  2543,  §  1418 

plaintiff  not  entitled  to  interest  on  the  value  of  stock  from 

date  of  injury 3,  p.  2543,  §  1418 

if  evidence  shows  willful  mischief  or  gross  nc;^lii;ence,  jury 

may  find  punitive  or  exemplary  dama;^'o-( 3,  p.  2'43,  §  1413 

verdict  in  excess  of  real  injury,  ^v  '■  be  set  aside 3,  p.  2513,  §  1418 

aliter  if  it  is  only  slightly  in  excess  of  amount  at  which 

court  would  have  assessed  damages 3.  p.  2513,  §  1418 

double  damages  recoverable  by  statute 3,  p.  2543,  §  1418 

statute    allowing  attorney's  fees  in  addition    to    damngo 

valid 3,  p.  2544,  §  1413 

6,  Breach  of  Contract,  Sak^,  Vendor  and  Purclta>icr. 

measure  of  damages  is  benefit  that  plaintiff  would  have  re- 
ceived if  contract  had  been  performed,  and  his  pecu- 
niary loss  resulting  from  breach 5,  p.  4285,  §  2C18 

measure  where  property  is  in  question  is  value  of  article  as 

nearly  as  it  can  be  ascertained 5,  p.  4285,  §  2018 

in  action  on  written  contract  for  sum  certain,  contract  it- 
self furnishes  the  rule  of  damages 5,  p.  4285,  §  2G18 

but  if  agreement  unconscionable,  court  will  render  such 
damages  as  may  appear  reasonable,  without  being 
bound  by  terms  of  contract 5,  p.  42S5,  §  20 18 

damages  include  everything  within  intention  of  parties   at 

the  time  contract  was  made 5,  p.  42SS,  §  2G20 

damages  not  recoverable  which  are  enhanced   by  plaintiff's 

neglect 5,  p.  4286,  §2018 

remote  damages  not  recoverab'o  on  breach  of  contract.  .5,  p.  428fi,  §  2019 
illustration  if  remote  damages 5,  p.  428(),  §  2019 

damages  cannot  be  awarded  for  mere  disajipointmcnt,  or  in- 
jury to  feelings,    or  vexation   of   mind,    caused  by 

breach 5,  p.  4288,  §2021 

aliter  as  to  contracts  of  marriage 5 ,  p.  4289,  §  2021 

profits  recoverable  when  their  loss  is  natural    result   of 

breach 5,  p.  4289,  §  2023 

personal  trouble  and  inconvenience  proper  subject  of  dam- 
age when  caused  by  breach  of  contract 5,  p.  4239,  §  2022 

expenses  of  promisee  in  carjying  outbroken  promi-se  are  re- 
coverable  5,  p,  4293,  §  2026 

nominal  damages  always  recoverable  for  breach  of  con- 
tract  5,  p.  4294,  §2627 

measure  of  damages  for  breaches  of  various  kinds  of  con- 
tract  5,  p.  4311,  §2638 


UdUU 


DAMAGES. 


Damages— (Continued. ) 

to  employ  j»l;iiiiliir  to  cultivate  a  farm  on  sbnros 0,  p.  4"11,  §  2(>f>S 

to  8nii])(>i't  aiiotluT  for  liii  lifu 5,  )>.  4.'!1 1,  §  '2ii.'(3 

fur  failure  to  erect  mill  at  the  time  KtiiinLitci] 6,  p.  4311,  §  12U3S 

for  Lrfauli  of  contract  to  jiay  cabh  aiul  to  yive  iinmiissory 

notes  for proifi ty  aoUl 6,  p.  4311,  §  2C33 

of   contract  by   wurtliousciiiiii  to  deliver,    ou  Uomaiid, 

wheat  stored 5,  p.  4.^11 ,  §  2fi;:8 

of  contract  to  cxclian^'e  one  article  for  ai'otlier 6,  ji.  431 1,  §  '2(t\iS 

of  u^rccincnt  uut  to  en^a^e  iu  Luaiiuas  at  certain  jilacc 

6.  p.  4311,  §2033 
for  breach  of  contract  of  insurance  company  for  Avrcnj^ful 

dismissal  of  plaintiff  from  its  service 6    p.  4311,  §  2C.']3 

to  as.si;^n  fire  insurance  policy  which,  by  reason  of  breicii, 

became  void 5,  p.  4311,  §2033 

of  stipulation  by  insurance  company  with  an  a^cnb  not  to 

increase  the  rates 6,  p.  431 1 ,  §  2333 

of  contract  to  make  r'>ad  of  cc  rtain  grade  6,  ]>.  4311,  §  2033 

for  violation  of  contract  not  to  erect  ferry 5,  p.  4313,  §  2033 

for  breach  of  contract  of  sale  of  good  will 5,  j).  4313,  §  2i)33 

of  certilicate  of  pirniaiifnt  scholarship  in  co^lr-e 5,  p.  4313,  §  2038 

for  bleach  of  contract  and  hindering  plaintiff  from  com- 
pleting his  part 5,  p.  431 3,  §  2033 

for  breach  of  contract  to  pay  debt  of  plaintiff 5,  p.  4313,  §2033 

to  furnish  freight  for  a  boat 6,  p.  4313,  §  2033 

to  store  fruit  at  a  ccituin  temperature,  and  decay    of 

the  fruit 5.  p.  4313,  §2038 

to  pay  joint  debts,  ow  ing  by  parties  thereto,  and  to  obtain 

discharge  of  mortgage  on  their  property 5,  p.  4313,  §  2033 

for  neglecting  to  insert  advertiseir.eut  of  public  sale  of  real 

estate 5,  p.  4313,  §  2033 

for  breach  of  contract  for  exclusive  sale  of  article  of  mer- 
chandise   5,  p.  4312,  §  2033 

for  failure  to  deliver  cei  tilicates  of  stock 5,  p.  4312,  §  2033 

for  failure  of  bn.kcr  to  sell  as  directed  by  customer. .5,  p.  4312,  §  2033 
for  breach  of  contract  to  djliver  corn   to  bo  ground  at 

mill 5,  p.  4312,  §20.33 

for  breach  of  contract  to  deliver  logs  to  be  s-iwed. . .  .5,  p.  4312,  §  2033 

for  non-paymeut  of  note  payable  in  script 5,  p.  4312,  §  2033 

for  breach  of  bond  payable  in  notes  of  certain  bank.  .5,  jj.  4312,  §  2038 
for  breach  ol'  contract  by  railroad  to  give  a  life  pass.  .5,  p.  4314,  §  2033 

to  ship  by  certain  ship  all  one's  goods 5,  p.  4314,  §  2038 

of  agreement  to  dismiss  suit 5,  p.  4314,  §  2033 

for  failure  to  carry  oui  bid  at  public  auction 0,  j).  4314,  §  2038 

to  put  in  additional  machinery  in  mill 5,  p.  4314,  §  2033 

to  rent  rooms  for  certain  period 5,  p.  4314,  §  2033 

to  build  fence  and  wagon  road 5,  p.  4314,  §  2038 


DAMAGES. 


G4<ja 


Damages  -  (Continued. ) 

fur  failure  of  expruss  company  to  deliver  premiums  to  in« 

Buniiiuc  uuiii[iai'y 5,  p. 

for  f.iiluro  t  >  roinovo  fjoiuls  stored  at  end  of  tiTin ....  5,  p. 
damajm  on  oontr.iot  fur  ualo  of  ^,'o.idi— ayuujt  buyer  fur  nut 

payiiif{  price 6,  p. 

for  not  aciiupliny  goods 6,  p. 

against  seller  fur  not  delivering  goods 6,  p. 

wliere  goods  are  bought  for  sjetilic  purpose 5.  p. 

fur  breach  of  warranty  generally 6,  p. 

for  bnath  of  dLScription 6,  p. 

ia  action  liy  seller  against  purchaser  of  land,  if  conveyance 
has   been   e.xiciited   and   accepted,   whole   purcliase- 

nionny  ia  recoverable 5,  p. 

measure  of  damages  where  purchaser  refuses  to  accept  convey- 
ance, and  land  remains  property  of  vendor 6,  p. 

purchaser,  where  seller  docs  not  make  good  title  and  com- 
plete sale,  may  recover  purchase-money  paid,  with  in- 
terest, and  costs  of  making  contract  and  investi-ja- 

ting  title 5,  p. 

measure  where  vendor  fails  to  complete  by  reason  only  of 

being  unable  to  give  good  title 5,  p. 

what  damages  not  recoverable  by  puruha-ser 5,  p. 

measure  for  failure  or  defect  of  title  to  part  of  the  land  con- 
veyed is  relative  value  which  part  taken  away  bears 

to  whole 5,  p. 

measure  on  breach  of  contract  to  convey  in  consideration  of 

performance  of  .act  by  vendee 5,  p. 

measure  for  vendor's  false  representations  as  to  land. .  .5,  p. 

measure  for  breach  of  parol  agreement  to  sell  land 5,  p. 

for  breach  of  contract  to  make  lease 6,  p. 

C.  Drcarh  of  Cvvoiantu  In  Deeds. 

measure  of  damages  for  breach   of  covenant  of  seisin  or 

right  to  convey  is  money  paid  and  interest 5,  p. 

but    until    evicted  by  title    paramount    damage   is   only 

nominal 5,  p. 

measure  when  covenant  of  seisin  is  broken  in  part 5,  p. 

for  bieach  of  covenants  for  quiet  enjoyment  or  of  warranty, 
consideration  money,   with    interest    and  costs,   is 

measure  of  damages 5,  p. 

in  some  states  measure  of  damages  is  the  value  of  land  at 

time  of  eviction 5,  p. 

expenses  of  defending  title  include  necessary  counsel  fees. 5,  p, 
for  improvements  made,  or  for  increased  value  of  property, 

no  recovery  can  be  had 5,  p. 

fact  that  vendee  received  no  rents  and  profits  from  premises 

cannot  be  taken  into  c  nsidei'ation 5,  p. 

Lawson  R.  &  R.— 434. 


4.ni,-), 

43  io, 

4':0l, 

4'.'{)t, 

4:i)r), 

4'J'.>7, 
4'J'J!), 
4301, 


§  2033 

S  2038 

§  2G-'8 
g  2li2'J 
§  2(;3U 
g2(i31 
g  2(J32 
§2G33 


4307, 
4307, 


§2036 
§2030 


4308,  §  2037 


430S, 
4308, 


§  2037 
§2037 


4309,  §  2037 


4310, 
4310, 
4310, 
4J75, 


§  2037 
§  2037 
S  2037 
§2801 


38G8,  §  2304 


3S68, 
3800, 


§2304 
§  2304 


3SG9,  §  2304 


3372, 

§  2304 

3871, 

§  2304 

3871, 

§2334 

3871, 

§2304 

6494 


DAMAGES. 


Damages —{Continued .) 

that  land  was  bought  for  particular  purpose,   which  was 

known  to  vendor,  makes  no  difference 5,  p.    3871,  §  2304 

upon  exchange  value  of  the  tract  conveyed,  and  not  that  of 

tract  received,  is  true  criterion  of  damages 5,  p.  3S71,  §  2304 

upon  covenant  against  encumbrances,  damages  are  diniinution 
in  value  of  estate  by  reason  of  existence  of  encum- 
brances  5,  p.  3871,  §  2304 

only  nominal  damages  recoverable,  unless  covenantee  can 

show  actual  damages 5,  p.  3872,  §  2304 

on  removal   of  encumbrances  by  grantee  he  may  recover 

what  he  paid, 5,  p.  3873,  §  2304 

measure  of  damage;i  on  breach  of  covenant  to  sell  and  con- 
vey   5 ,  p.  3S73,  §  2304 

7.  Carriers  of  Goods  and  Pasievgers. 

lu  action  against  carrier  for  default  in  delivering  goods,  meas- 
ure of  damages  is  value  of  goods  at  place  of  destina- 
tion at  time  when  they  ought  to  have  been  deliv- 
ered   5,  p.  4302,  §  2C34 

highest  market  value  between  time  of  receipt  by  carrier  and 

suit  brought  allowed  in  some  cases 5,  p.  430''      2634 

in  case  of  delay,  consignee  may  recover  for  fall  in  market 

price 5,  p.  4303,      JG34 

unless  carrier  has  notice  of  injury,  he  is  not  liable  for  more 

than  ordinary  damages 5,  p.  4303,  §  2634 

only  such  damages  recoverable  as  were  contemplated  aa  a 

consequence  of  default  in  delivery 5,  p.  5304,  §  2634 

where  goods  are  delivered  damaged,  measure  difference  be- 
tween value  as  damaged  and  value  at  their  destina- 
tion had  they  been  delivered  in  good  order 5,  p.  4305,  §  2634 

measure  on  loss  of  negotiable  instrument  by  carrier. . .  .5,  p.  4305,  §  2634 

measure,    Mhcre  a  carrier    unlawfully    refuses    to    carry 

goods 5,  p.  4306,  §2634 

for  breach  of  contract  to  carry,  passenger  may  recover  cost 
of  reaching  destination  and  conipensatioo  for  trouble 
and  inconvenience 5,  p.  4306,  §  2G35 

passenger  neglijjently  carried  bej'oiul  station  may  recover 
compensation  for  incouveuience,  loss  of  time,  and 
labor  of  traveling  back 5,  p.  4306,  §  2635 

damages  may  be  recovered  for  fraudulent  or  oppressive 
conduct  on  the  part  of  tho  carrier  pj'oducing  great 
bodily  or  mental  suffering 5,  p.  4306,  §  2033 

one  who  has  been  unlawfully  ejected  entitled  to  damages  for 

indi^jnity  and  injury  to  feelings 5,  p.  4306,  §  2(;3C 

or  from  illness  or  injury  received  from  being  ejected. 5,  p.  4306,  §  2635 
8,  Civil  Damiige  Laws, 

measure  of  damages  for  injuries  to  person 3,  p.  1954,  §  1 133 


DAMAGES.  G495 

Damages— (Continued.) 

nieas;: re  of  (Lima;;e3  for  injuries  to  property 3,  p.  innfi,  §1134 

measure  of  tlamagus  for  injuries  to  means  of  support. 3,  p.  lOaT,  §  1135 

exemplary  dainaj^'cs  re joveral)le  wlieii 3,  p.  ]  002,  §  1 136 

remote  damages  not  recoverable 3,  p.  19ii3,  §  1137 

evidence  in  mitigation  of  damages 3,  p.  1905,  §  1138 

9.  Insurance — Fire. 

iusured  entitled  to  recover  to  amount  of  liis  loss,  if  less  than 
sum  insured,  or  whole    sum  if  liis  Iwss  exceeds  that, 

witho^it  reg.ird  to  value  of  property 5,  p.  3G10,  §  2115 

insured  entitled  to  recover  value  of  property  insured.  ..5,  p.  SCIO,  §  2116 

by  "  value"  is  meant  actual  ci.sli  value  in  nvirket 5,  p.  3020,  §  2116 

amount  which  mortgagor  and  mortgagee  insuring  property 

may  recover 5,  p.  3020,  §  2116 

where   leasi.1\  Id   is  insured,    value   of   unexj.ired    term   is 

me".^'-:e  of  damages 5,  p.  3C51,  §2116 

policy  may    nstrict   amount  to  be  recovered  for  dettroyed 

property  to  certaiu  proportion  of  value 5,  p.  3G21,  §  2116 

where  policy  provides  for  apportionment  of  loss  and  ex- 
pcnsds  of  removal  and  protection  of  goods  during  tire 
proportion  to  be  borne   by  each  will  be  according  to 

hid  interest 5_  p.  3022,  §  2116 

remote  or  consequential  damages  not  recoverable 5,  p.  3C24,  §  2117 

as  damages  caused  by  an  interruption  of  business 5,  j).  3024,  §  2117 

or  the  expenses  of  keeiung   employees    vhile   rebuilding, 
though  in  consecpieuce  of  fire  no  return  can  be  had  far 

^'aa«3 5^  p  3024,  §  21 17 

or  prospecive  rent 5,  p.  3024,  §  2117 

prospective   profit    may  be  specially  iusured,  and  will  then 

be  recoverable 5,  p.  3024,  §  2117 

right  of  insurer  to  rebuild  or  replace  property  de- 
stroyed  5^  p.  3624,  §2113 

10.  Insurance — Life. 

policy  of  life  insurance  is  not  contract  of  indemnity; 
amount  of  insurance  is  measure  of  damages,  unless 
Buch  overiusurance  as   to  reader    it  wagering    and 

^°'^^ 5,  p ,  3652,  §  2136 

where  policy  taken  out  on  debtor's  life,  residue  after  paying 

debt  belongs  to  debtor's  estate 5,  p.  3G32,  §2136 

creditors  of  insolvent  entitled  to  proceeds  of  policies  for 

benefit  of  wife  only  to  extent  of  premiums  paid  after 

ins.d vency 5^  p.  3552,  §  2136 

stranger  who  pays  premium    not  entitled    to  reimbursu- 

^^^^ 5,  p.  3653,  §2136 

claim  of  policydiolder  in  insolvent  company  is  a  death  claim 

when  from  age  re-insurance  is  impossible 8,  p.  3(553,  §  2136 

non-forf eitiug  policies,  rights  under 6,  p.  3653,  §  2137 


6496 


DAMAGES. 


Damages— (Continued.) 

11.  Insurance— Marine, 

andei  open  policy,  in  case  of  loss,  assured  must  prove  actual 

value  of  siilijuL't  of  insurance 5,  p.  3717,  §  2193 

nndcr  a  valued  policy  he  need  never  do  so,  except  in  cases  of 

enormous  or  frau  lulent  overvahiation 5,  p.  3717,  §  2193 

in  case  of  partial  loss,  marine  insurer  liable  only  for  such 
proportion  of  loss  as  amount  insured  hears  to  entire 

value  of  insured  property 5,  p.  3718,  §  2194 

where  profits  separately  insured,  insured  entitle  I  to  recover 
proportion  of  such  profits  equivalent  to  proportion 
which  value  of  property  bears  to  value  of  whole.  .5,  p.  3719,  §  2195 

value  of  ship,  how  estimated  in  case  of  open  policy 5,  p.  3710,  §  2196 

of  cargo,  how  estimated  in  case  of  open  policy 5,  p.  3720,  §  2197 

of  freight,  how  estimated  in  case  of  open  policy 5,  p.  3720,  §  21 98 

cargo  arrivinr^  damaged 5,  P-  3721 ,  §  21 99 

insurer  liable  for  labor  and  expenses 5,  p.  3721,  §  2200 

suing  .and  Laboring  clause 5,  p.  3721,  §  2201 

general  averiige,  contribution 5,  p.  .3722,  §  2202 

one  third  new  for  old 5,  p.  3724,  §  2203 

12.  False  Arrest  and  Imprisonment. 

plaintiff  entitled  to  more  than  nominal  damages  without 

allowing  special  damage 3,  p.  1841,  §  1077 

exemplary  damages  recoverable  where    arrest    malicious 

3,  p.  1844,  §  1077 

evidence  relevant  in  question  of  damages 3,  p.  1S45,  §  1077 

evidence  relevant  iu  mitigation  of  damages. 3,  p.  1845,  §  1077 

plaintiff's  costs  in  suit  iu  which  he  was  arrested  recover- 
able in 3,  p.  1845,  §  1077 

13.  Landlord  and  Tenant. 

measure  of  damages  for  breach  of  ontract  to  give  lease. 6,  p.  4094,  §  2380 
special  damages  from  breaking-up  cstablishm'.nt  and  moving 

with  family  and  furniture 6,  p.  4C94,  §  2SS0 

where  landlord  unlawfully  enters  upon  demised  premises 

and  expels  family  of  tenant 6,  p.  4G94,  §  2889 

plaintiff  not  entitkd  to  recover  for  injury  to  health  resultinj 

from  exposure  from  journeying  from  premises 6,  p.  409 1,  §  2SS0 

compensation  for  improvements  on  eviction  allowed,  whore 

made  in  good  faith 6,  p.  4394,  §  2880 

where  lessee's  term  is  cxtinguishcil  by  foreclosure  of  mort- 
gage   6,  p.  409 1,  §2889 

measure  of  damages  for  breach  of  covenant  in  lease 6,  p.  4G94,  §  2SS0 

meature  of  damages  by  lessee  against  lessor  for  no*^  putting 

him  into  possession 6,  p.  4094,  §  2SS0 

for  breach  of  covenant  against  encumbrances 6,  p.  4095,  §  2'^80 

for  breach  of  covenant  to  insure 6,  p.  4()9  ">,  §  2880 

for  broach  of  covenant  to  repair 6,  p.  4G95,  §  2SS0 


DAMAGES. 


6497 


Damages— (Continued. ) 

for  breach  of  covenant  to  pay  a  deficirncy  of  rent,  if  land- 
lord should  re-enter  for  non-iiaynieut 6,  p.  4095,  §  23S0 

for  breach  of  tenant's  covrnant  to  build 6,  p.  4G9G,  §  2SS0 

for  breach  of  covenant  to  allow  removal  of  building 6,  p.  460G,  §  2880 

14.  Maliciou-H  Prosccutinn. 

damages    recoverable    for    injury    to    reputation,  feelinga, 

health,  mind  and  person  caused  by  arrest 3,  p.  1909,  §  1104 

for  injury  to  his  fame  and  reputation  occasioned  by  false 

accusation 3,  p.  1909,  §  1104 

attorney  fees  expended  in  the  defense  of  malicious  suit  re- 
coverable  3,  p.  1909,  §  1104 

attorney  fees  expended  for  bringing  action  is  no  part  of 

damages 3,  p.  1909,  §  1104 

punitive  damages  may  be  assessed  when 3,  p.  1910,  §  1 104 

pecuniary  circumstances  of  defendant  relevant 3,  p.  1910,  §  1104 

cannot  recover  for  conversion  of  goods  attached 3,  p.  1911,  §  1104 

jury  judges  of  amount  of  damages 3,  p.  1911,  §  1104 

15.  Najlljenl  Injuries. 

plaintiff  may  recover  for  loss  of  time  and  incapacity  to  labor 

caused  by  injury 3,  p.  2161,  §  1217 

bodily  injury  sustained 3,  p.  2161,  §  1217 

pain  undergone 3,  p.  2161,  §  1217 

effects  on  health  and  its  probable  duration 3,  p.  21G1,  ^i  1217 

expenses  incident  »1  to  attempts  to  effect  cure 3,  p.  21G2,  §  1217 

expenses  in  procuring  medical  and  surgicid  atteii<lance,  cost 

of  nursing,  attendance,  and  like 3,  p.  21G3,  §  1217 

eo  he  may  recover  for  money  or  valuables  lost  from  his  per- 
son at  time  of  injury  or  in  couseipience  there- 
of   3,  p.  2103,  §  1217 

physical  pain  and  sud'ering  to  which  ijlaiutiffsulijected  as 

consequence  of  ii  jury 3,  p.  2103,  §  1218 

may    reccvcr    for    fear    and    mental    agony  produced   by 

peril '. 3,  p.  2164,  §  1218 

exemplary,  vindictive  or  punitive  damages  given  in  cases 
where  the  injury  was  willfully  or  wantonly  inllicted, 
or  presumption  of  willfulness  or  wantonness   . .  .3,  p.  21G5,  §  1219 

whether  case  is  one  for  exemplary  damages   question  for 

court 3,  p.  21G5,  §  1219 

exemplary     damages      recoverable      against     corporation, 

when 3,  p.  216G,  §  1219 

exemplary  damages  recoverable  against  municipal  corpora- 
tion, when 3,  p.  216G,  §  1219 

what  will  go  in  mitigation  of  damages  in  actions  for  negli- 
gent injury 3,  p.  2107,  §  1220 

amount  of  damages  is  question  for  jury,  decision  not  inter- 
fered with  on  appeal 3,  p.  2167,  §  1221 


6498  DAMAGES. 

Damages— (Continned. ) 

aliter  where  clearly  against  the  evidence,  or  is  so  inade* 
quate  or  so  excessive  as  to  raise  inference  of  passion 
or  prejudice 3,  p.  2108,  §1221 

where  case  is  one  for  compensatory  damages  only,  and  jury 
has  given  vindictive  or  exemplary  damages,  verdict 
will  be  set  aside 3,  p.  2169, 1221 

illastrations  of  verdicts  sustained   on  appeal   as  to  the 

amount 3,  p.  21G8  n,  §1221 

illustrationof  verdicts  reduced  on  appeal  as  excessive..  3,  p.  2170,  §  1222 

appellate  court  may  reduce  verdict 3,  p.  2171,  §  1222 

16.  Nuisance. 

actual  damage    sustained    limit   of   recovery  in    cases  of 

nuisance 6,  p.  4851,  §2978 

damage  need  not  be  direct;  sufficient  if  con  e(iuential..6,  p.  4851,  §  2978 
where  nuisance  is    proved,   nominal  damages  recoverable 

without  proof 6,  p.  4851,  §  2978 

where  damages  are  of  permanent  character,  and  go  to  the 
entire  value  of  estate,  recovery  may  be  had  of  entire 

damages  in  one  action 6,  p.  4851,  §  2978 

where  nuisance  not  necessarily  permanent  one 6,  p.  4851,  §  2978 

measure  of    damages  where    owner  of    premises  occupies 

them 6,  p.  4852,  §  2978 

when  tenant  occupies  them 6,  p.  4852,  §  2978 

where  premises,  because  of  nuisance,  cannot  be  rented  6,  p.  48"j2,  §  2978 

where  there  are  no  buildings  on  premises 6,  p.  4852,  §  2978 

exemplary  damages,  when  recoverable  in  actions  for  nuis- 
ance   6,  p.  4853,  §  2979 

17.  Seduction  and  Crim.  Con. 

damage  not  restricted  to  loss  of  service  and  expenses. .  .3,  p.  1933,  §  1119 

may  be  given  for  disgrace  cast  on  family  and  distress  of 

mind 3,  p.  1934,  §  1 119 

either  parent  may  recover  vindictive  or  exemplary  dam- 
ages  3,  p.  1934,  §1119 

but  not  one  not  a  parent  or  in  loco  parentis,  but  merely  mas- 
ter  3,  p.  1934,  §1119 

mother  cannot  recover  compensation    for  the  support  and 

maintenance  of  daughter's  illegitimate  child 3,  p.  1934,  §  1119 

allowance  by  law  to  daughter  for  the  bastard's  support  does 

not  affect  parent's  damages 3,  p.  1934,  §  1119 

nor  fact  that  by  statute  daughter  is  allowed  to  sue  for 

same  seduction  3,  p.  1931,  §  1119 

cost  of  medicine  and  medical  attendance  recoverable,  wheth- 
er father  has  paid  for  them  or  not 3,  p.  1934,  §  1119 

no  recovery  can  be  had  for  the  wounded  feelings  of  his  fam- 
ily, nor  of  exemplary  dain.ages,  where  intercourse  was 
caused  by  misconduct  of  the  daughter 3,  p.  1934,  §  1119 


DAMAGES.  6499 

Damages— (Continued.) 

measure  of  damages  is  for  jury,  whose  discretion  will  not  bo 

interfered  Mith 3   p    1934,  §  mg 

damages  depen.ls  on  previous  relations  of  the  parties.  .3,  p.  1918,  §  1107 
husband  cannot  recover  damages  for  the  injury  to  happiness 

and  reputation  of  his  children  or  "family" 3,  p.  1918,  §  1107 

damages  are  in  the  discretion  of  the  jury I3.'  p.  lOlo]  §  1107 

evidence    of   pecuniary    condition    of    the   parties  admis- 

^^^'•^ 3,  p.  1919,  §1107 

circumstances  of  the  connection  admissible 3,  p.  1919,  §  1107 

bad  character  ol  husband  will  not  mitigate  damag3j. .  .3,  p,  1919,  §  Ho? 
in  mitigation  of  damag  s  admissible  to  show  that   plaiiititf 
was  cruel  to  his  wife;  that  she  was  a   bad   character; 

that  the  marriage  was  not  one  of  affection 3,  p.  1919,  §  1107 

18.  Slander  and  Ltbel 

general  damaj, . j  defined 3,  p.  235G,  §  1302 

presumed  where  words  are  actionable  per  se 3,  p.  2'3dii,  §  1302 

if  words  not  actionable  j^er  se,  some  damage,  however  slight, 

must  bo  proved 3,  p.  235G,  §  1302 

amount  at  w]iich  plaintiff's  general  damages  are  to  be  as- 
sessed lies  with  jury 3^  p.  2356,  §  1302 

vindictive  damages  to  punish  the  defendant  for  his  miscon- 
duct may  be  given 3,  pp.  2356-23.17,  §  1302 

damages  for  wounded  feelings  are  allowable 3,  p.  235G,  §  1302 

illustrations  of  verdicts  affirmed  as  to  amount 3,  p,  2350  «   §  1302 

case  must  be  very  gross  and  damages  very  erroneous  to  jus- 
tify  a  new  trial  in  action  for  defamation  on  question 

of  damages "...3,  p.  2358,  §  1302 

jury  may  allow  the  plaintiff  reasonable  counsel  fees  in  tlie 

prosecution  of  action  of  defamation 3,  p.  2358,  §  1302 

measure  of  damages  against  husband  and  wife  for  wife's  libel 

same  as  in  action  against  her  alone 3,  p.  2358,  §  1302 

what  evidence  admissible  in  ag.;ravation  of  damages. .  .3,  p.  2359,  §  1303' 

what  evi.lence  admissible  in  mitigation  of  damages 3,  p.  23()0,  §  130-4 

special  damages  defined 3,  p.  23G!)\  §  1305 

what  is  and  what  is  not 3^  p.  2300,  §  1305 

19.   Teleijraph  Companies. 

measure  of  damages  for  failure  to  correctly  transmit  or  sea- 
sonably deliver  telegram 4,  p.  3345^  §  1957 

unless  plaintiff  proves  special  injury  or  actual  damage,  he 

can  recover  nominal  damages  only 4,  p.  3317  §  19G7 

■where  penalty  imposed  ))y  statute,  amount  of  penalty  may  be 
recovered,  without   alleging  or  proving  actual  dam- 

''g® 4,  p.  3343,  §  1937 

exemplary  damages  may  be  recovered  where  such  gross  negli- 
gence on  part  of  agents  as  to  indicate  wantonness  or 
malicious  purpose 4,  p.  3343,  §  igg; 


1 


6500 


TAMAQES. 


Damages— (Continued.) 

loasea  or  damages  not  natural  and  proximate  result  of  tlie 
failure  to  transmit  and  deliver,  and  which  cannot  be 
considered  to  have,  boon  in  the  coutoiDplation  of  par- 
ties, not  recoverable 4,  p.  3351,  §  10G8 

uncertain  and  contingent  profits  not  recoverable 4,  p.  3351,  §  19C8 

knowledge  by  company  of  importance  of  message  essen- 
tial   4,  p.  3355,  §  10C9 

abbreviations  and  cipher  despatches 4,  p.  335G,  §  19G9 

injuries  to  feelings  through  failuie  to  deliver  despatch  re- 
coverable for  when 4.  p.  3338,  §  1970 

'20.   Trademarks. 

owner  of  trade-mark  entitled  to  nominal  damages  for  infringe- 
ment though  no  actual  damages  suffered 4,  p.  2855,  §  1646 

vindictive  damages  not  allowed 4,  p.  2855,  §  1646 

measure  of  damages  in  action  for  infringement 4,  p.  2855,  §  1646 

21.  Water  and  Water-coumes. 

riparian  proprietor  entitled  to  nominal  damages  for  dis- 
turbance of  his  right  without  proof  of  actual 
damage 6,  p.  4775,  §  2926 

exemplary  damages  may  be  awarded  for  maliciously  stop- 
ping water-course O,  p.  4775,  §  2926 

measure  of  damages  is  only  such  loss  as  cannot  be  prevented 

by  use  of  other  appliances 6,  p.  4775,  §  2026 

damages  cannot  be  recovered  for  trouble  and  expense  of  es- 
tablishing plaintiff's  right  to  recover  for  injury.  .G,  p.  4775,  §  2926 

damages  for  the   loss  of  possible  use  of  realty,    as  mill 

privilege,  not  recoverable 6,  p.  4775,  §  2920 

22.  In  Other  Actions  and  Cases. 

against  af;cnt  for  dissolving  agency 1,  p.      02,  §     45 

measure  of,  in  action  against  attorney  for  negligence. .  1,  p.    308,  §    18(5 

in  action  by  parent  for  injuries  to  child 2,  p.  liSS,  §    819 

in  action  of  breach  of  promise 2,  p.  1 293,  §    099 

for  taking  ice  from  stream  3,  p.  24.']S,  §  1313 

in  action  on  attachment  bonds 7,  p.  r521,  §  3")49 

exemplary  damages  when  recoverable 7,  p.  5521,  §  3549 

remote  and  speculative  damages  not  recoveiablc 7,  p.  5523,  §  3551 

measure  of  damages  in  actions  of  replevin 7,  p.  5G45,  §  "052 

exemplary  damages  when  allowed 7,  p.  5f)45,  §  3G52 

measure  of  damages  in  actions  of  trover  and  conversiou .  7,  p.  5708,  §  3G76 
return  or  offer  to  return  goods  goes  in  mitig.ition  of  dain- 

Bgea 7,  p.  5717,  §  3G77 

measure  of  damages  against  bheriff  for  failure  to  make  re- 
turn   7,  p.  6035,  §  3829 

in  action  on  injunction  bond 7,  p.  5793,  §  3704 

remote  and  consequential  damages  not  recoverable 7,  p.  5793,  §  3704 

counsel  fees,  when  recoverable 7,  p.  5795,  §  3704 


DAMAGES. 


6501 


Damages— (Continued.) 

practice  and   modo  of    assessing    damages    on  injunction 

bond 7,  p.  5701,  §3704 

measure  of  damages  in  general  in  actions  of  ejectment.  .7,  p.  5^25,  g  3714 

in  action  on  replevin  bonds 7,  p.  5051,  §  3()5t 

in  actions  for  removing  lai;>ral  support  of  land 6,  p.  451G,  i? 2783 

measure  of  d:i!ni;^J3  for  obstructing  a  way 6,  p.  4551),  §  27D5 

for  wrongful  revocation  of  submission  to  arljitratiou 

6,  p.  523y,  §  3325;  6,  p.  5333,  §  3302 

against  acceptor  for  refu  ing  to  pay  bill 4,  p.  2(i()i,  §  1520 

on  refusal  to  accept  draft 4,  p.  2G47,  §  1505 

agains"  agent  for  neglect  to  present  bill  or  note  f  jr  i>ay- 

ment 4,  p.  2G59,  §  1514 

depositor  who-e  check  is  dishonored  by  banker  entitled  to 

nominal  damages 2,  p.    951,  §   533 

but  if  a  trader  he  may  recover  substantial  d.viuages.  .S,  p.    951,  §    533 
against  bank  for  neglect  of  duty  in  undertaking  to  collect, 
is  actual  loss  sustained  by  party  interested  in  the 

paper 2,  p.    871,  §   512 

measure  of  dimig33  on  taking  of  property  under  rigiit  of 

eminent  domain 7,  p.  0121,  §  3383;  7,  p. 

in  taking  by  railroads 7,  p. 

in  action  for  wrongful  entry 7,  p. 

where  incidental  injuries  cannot  bo  recovered  for. . .  .7,  p. 

23.  Liquidated  Dama'jes  and  Penullits, 
contract  may  expressly  assess  damages  to  be  recovered  for 

breach 5,  p. 

illustrations  of  licpiidated  damages  in  contraobs 5,  p. 

contract  may  nane  poualty  for  non-performance 5,  p. 

but  this  sum  not  recoverable  in  all  cases 5,  p. 

ill  actio:)  on  bond  obligee  can  in  no  case  recover  more  than 

amount  of  penalty 5,  p. 

aliter  as  to  other  instruments 5,  p. 

whether  sum  is  "penalty  '  or  "liquidated  damages"  not  con- 
cluded by  use  of  those  words 5,  p.  4317,  §  2G43 

whether  sum  mentioned  in  agreement  to  be  paid  for  breach 
is  penalty,   or    liquidated    damages,    question    of 

law 5,  p.  4318,  §  2G43 

where  it  is  plain  that  the  parties  meant  the  sum  li.Kcd  to  be 

liquidated  damages,  the  court  will  not  interferes,  p.  431S,  §  2G43 
if  doubtful,  upon  whole  agreement,  whether  sum  named  was 
intended  to  be  psnalty  or  li([uidated  damages,  it  will 

be  construed  penalty 5,  p.  4318,  §  2643 

other  rules  for  determining  whether  sum  fixed  in  contract  is 

penalty  or  liquidated  damages 5,  pp.  431 9  to  4325,  §  2643 

24.  Ejcmphm/  Damages. 

iu  actions  of  assault  and  battery  .   3,  p.  1818,  §  1061 


61.35, 

§3893 

G122, 

§  3889 

0153 

§  39J3 

0125, 

§3890 

4315, 

§  2fi39 

431. -^ 

S  2G:i'j 

43 IG, 

§  2.J4 J 

4310, 

g2GiO 

43 IG, 

§  2041 

4317, 

§  21)42 

6502 


DAMAGES — DEATH. 


Damages— (Continued. ) 

for  causing  death 3,  p.  1732,  §  1021 

for  killing  stock  by  railroad 3,  p.  2')4.%  §  1418 

under  civil  damage  laws 3,  p.  196'J,  §  1136 

of  false  imprisonment 3,  p.  1844,  §  1077 

of  malicious  prosecution 3,  p.  1010,  §  1104 

for  negligent  injuries 3,  p.  21()5.  §  1219 

aga  nst  corporations 3,  p.  21CG,  §  1219 

against  municipal  corporations 3,  j).  2\Gii,  §  1219 

for  nuisance 6,  p.  4S").3,  §  2079 

of  criin.  con.  and  seduction 3,  pp.  lOlS,  1034,  §§  1107,  1119 

of  slander  and  libel ' 3,  p.  2.J:,C,  §  1302 

against  telegraph  companies 4,  p.  3348,  §  1007 

for  infrini^ement  of  tnide-mark 4,  p.  2S55,  g  1646 

for  stopping  up  water-course 6,  p.  477i5,  §  2026 

on  attachment  bonds 7,  p.  552 1,  §  3o49 

in  actions  of  replevin 7,  p.  5()44,  §  3Go2 

in  actions  for  breach  of  promise 2,  p.  1204,  §    700 

servants  of  railroad  willfully  failing  to  stop  car  when  signal 

given  case  for  exemplary  damages 4,  p.  3245,  §  1S95 

25.  Affjravatiuii  of  Daviages. 

evidence  relevant  in,  in  actions  of  assault 3,  p.  1818,  §  1061 

in  actions  of  slander  and  libel 3,  p.  2359,  §  1303 

26.  Mit'iijition  of  damages. 

evidence  relevant  in,  in  action  of  assault 3,  p.  1820,  §  1062 

in  action  for  causing  death 3,  p.  1736,  §  1024 

under  civil  damage  laws ■  3,  p.  1 965,  §  1 138 

for  false  imprisonment 3,  p.  1844,  §  1077 

for  negligent  injuries 3,  p.  21 67,  §  1220 

of  cW/».  con 3.  p.  1010,  §1107 

of  slander  and  libel 3,  p.  23C1,  §  1304 

Damnum  Absque  Injuria. 

See  Actions;  Torts. 
Date. 

See  Deeds. 

date  of  bill  or  note  not  essential 4,  p.  2603,  §  1467 

Days  of  Grace. 

See  Banks,  6;  N'egotiab..e  Instruments,  4. 
Deafness. 

deafness    does  not    constitute    incapacity    which  vitiates 

will 6,  p.  5144,  §  3166 

person  deaf     and    dumb     from    birth     not    deemed    non 

compos 2,  p.  154.3,  §   843 

deaf  persons  not  incapable  of  marrying 2,  p.  1297,  §    7C.j 

Death. 

See  Contracts,  11;  Husband  and  Wife,  8. 

no  action  at  common  law  for  causing  death 3,  p.  1721,  §  1016 


DEATH.  6503 

I>eath— ( Conti  nued . ) 

statutory  action  for  causing  death 3,  p.  1722,  §  1017 

statutes  are  remedial  and  liberally  construed 3,  p.  1722,  §  1017 

include  corporations  causing  death,  as    well  as  natural 

persons 3,  p.  1722,  §1017 

statutes  ai)ply  ti  marine  torts 3,  p.  1722,  §  1017 

where  death  instantaneous 3,  p.  172;^,  §  IOI7 

who  may  sue,  and  for  whose  benefit 3,  p.  1723,  §  1018 

construction  of  words  in  statute,  "  wroigful  act,  neglect  or 

default" 3,  p.  172G,  §  1019 

right  not  eularged  by  statute;  action  lies  only  where  de- 
ceased could  liave  sued  if  he  had  survived 3,  p.  1727,  §  1020 

no  recovery  where  deceased  was  guilty  of  contributory  ne^'li- 

gence 3.  p.  1723,  §  1020 

or  where  death  was  caused  r)y  neglect  of  a  fellow-servant 

in  common  employment 3,  p.  1723,  §  1020 

person  cannot  un  ler  statute  giving  action  for  causing  the 
death  of  another,  maintain  action  against  retailer  of 
intoxicating  liquors,  who  sells  them  to  man  of  intem- 
perate habits,    and  drinking    of  which   causes    his 

death 3,  p.  1940  w,  §1125 

measure  of  damages  in  actions  for  causing  death 3,  p.  1729,  §  1021 

See  further.  Damages. 

landlord's  estate  assigned  by  his  death 6,  p.  4653,  §  2S49 

laniilord  determines  tenancy  by  sufferance  6,  p.  4590,  §  2812 

on  death  of  lessee,  his  executor  or  administrator  is  liable  as 

assignee  of  leasehold  estate 6,  p.  4650,  §  2846 

of  either  party  dissolves  tenancy  at  will 6,  p.  45S8,  §  2S10 

upon  death  of  one  of  several  joint  contractors,  legal  liabil- 
ity under  contract  devolves  on  surviving  joint  con- 
tractors or  joint  contractor 5,  p.  3975,  §  2383 

of  arbitrator  or  referee  before  award  revokes  submis- 
sion   6,  p.  5331,  §  3361 

of  party  before  award  revokes  submission 6,  p.  5,131,  §  3361 

dissolution  of  attachment— by  death  of  defendant 7,  p.  55C7,  §  3587 

on  death  of  joint  payee  of  bill  or  note,  title  vests  in  sur- 
vivor  4,  p.  2720,  §  1554 

upon  death  of  one  of  makers  of  joint  note  who  signed  as 
surety  only,  his  estate  discharged  from  liability  on 

note 4,  p.  2700,  §  1017 

corporation  dissolved  by  death  of  all  its  members 1,  p.    846,  §    505 

statutory  lien  for  debts  due  dues  not  give  lien  upon  divi- 
dends accruing  after  death  of  shareholder 1,  p.    773,  §    465 

hnsband's  liability   for  wife's  ante-nuptial  debts,  ceases  on 

death  of  wife 2,  p.  1316,  §   718 

if  one  of  members  die,  creditor  of  association  must  proceed 

and  exhaust  remedy  against  surviving  members . .  2,  p.  1073,  §   699 


6504 


DEATH. 


Death— (Continued.) 

where  attorney  dies  before  the  cause  determined,  adminis- 

trator  may  recover  i/uantuin  iw  ruit 1,  p.    S'')0,  §    209 

rights  and  powers  of  survivor  after  death  of  one  partner. 2,  p.  1"2.')4,  §    077 

dissolution  of  partnership  liy  death  of  partmr 2,  p.  ll'41,  §    071 

ou  death  of  partner,  i)artnership  realty  goes  to  heirs,  and  is 

not  distiibuted  as  personalty 2,  p.  12^0,  §    002 

termination  of  guardianship,  by  death  of  guardian 3,  p.  \5'A,  §    853 

termination  of  guardianship,  by  death  of  ward 2,  p.  1554,  §    859 

authority  of  bank  to  pay  cheek  revoked  by  death  of  cus- 
tomer  2,  p.    9GS,  §   537 

death  of  bank  president  in  whose  name  judgment  was  ob- 
tained  did  not    abate    suit    brought    in    behalf   of 

bank l,p.    709,§   420 

on  death  of  president  of  corporation,  the  vice-president  may 

act 1,  p.    709,  §   420 

death  of  either  party  ends  contract  of  service 1,  p.    490,  §    2S7 

when  agent's  authority  has  been  revoked  by  death  of  prin- 
cipal, agent  not  personally  liable 1|  p>   182,  §    110 

death  of  agent  terminates  agency,  but  does  not  alTcct  au- 
thority of  sub-agent 1,  p.      63,  §     47 

death  of  agent  acting  under  power  of  attorney  giving  right 
of  substituti m  revokes  authority  of  sub-agent  ap- 
pointed under  such  power 1,  p.      05,  §     47 

where  agent  is  a  j  artnership,  death  of  one  partner  termi- 
nates tiio  agency !>  p.      65,  §     47 

by  death  of  attorney  powers  of  substitute  cease 1,  p.    209,  §    101 

M'here  note  is  given  to  attorney  for  feo,  death  of  maker  at 
hands  of  mob  before  trial  constitutes  partial  failure  of 

consideration 1,  p.    350,  §    209 

termination  of  attorney's  autliority  by  death  of  client. .  1,  p.    277,  §    107 

authority  determined  by  death  of  attorney 1,  p.    277,  §    107 

or  by  death  of  one  member  of  firm 1,  p.    277,  §    107 

of  client  does  not  affect  privilege  as  to  communications  be- 
tween attorney  and  client 1,  p.    238,  §    146 

of  princip  il  dissolves  agency 1,  p.      03,  §     46 

unless  coupled  with  interest 1,  p.      03,  §     46 

effect  of  death  of  agent  on  authority  of  8ub-ag(?nt 1,  p.      03,  §     46 

acts  of  agent  after  death  of  principal,  when  void 1,  p.      04,  §     46 

at  what  time  docs  revocation  take  place 1,  p.      09,  §      55 

death  of  bailee  or  b.iilor  terminates  bailment 4,  p.  2938,  §  1714 

administration  on  estate  of  living  person,  effect  of 2,  p.  1023,  §    898 

grant  of  letters  of  admiuistratiou  raises  presumption   of 

death  and  intestacy 2,  p.  1023,  §    893 

of  master  or  partner  in  Hrm  dissolves  contract  of  appren- 
ticeship   1,  p.    437,  §   239 

excuses  completion  of  contract  of  service 1,  p.    450,  §    252 


DEATH — DEEDS. 


6505 


Death— (Continued.) 

death  dooi  not  disinlve  injunction 7,  p.  5788,  §  3704 

offer  i3  revoked  by  de;itl>  of  olf.  rur  or  ofTcroo  licforo  accept- 

ft»co 6,  p.  37j7,  §  223J 

woman's  right  to    niako    will,   where    liusliand    dead    in 

law 3,I'.1397,§    7G0 

action  will  not  lie  for  mutilatini,'  the  du:id  l)()dy  of  pl.iint- 

iff'a  intestate 3,  p.  1717,  §  1012 

notice  in  ne wsj)  vper  of  d  iath  of  li vin  ,'  por.son  a  lil)cl . . . .  3,  p.  22Gli,  §  1200 
property  on  body  of  drowned  mm  w.islie  1  aaliore  from  ship- 
wreck not  derolict,  but  g0J9t>)hi3  personal  represL-nt- 

aiives 3,  p,  23S7,  §  1310 

presumption  of  survivorship  incase  of  death  by  common  dis- 
aster  6,  p.  5074,  §3114 

Debt. 

assumpsit  distin^iuiahcd  from  action  of  debt 7,  p.  5734,  §  3GS9 

as  chattels 3,  p.  2444,  §3  l^jjl,  1352 

Deceit. 

See  also  FaLSK  IiErRF.aRNTATIONS. 

action  of  deceit  will  lie  by  party  who  hn%  been  induced  to  in* 
sure  in  worthless  company  against  olRjers  of  the  com- 
pany who  have  mado  false  statements 5,  p.  3537,  §  2093 

action  will  lie  o^.iinst  agent  who  hi-s  untruthfully  reprosentei! 

that  plaintiff  is  insured 5,  p.  3503,  §  2093 

corporation  liable  for  deceit  or  false  representations  of  its 

agents 1,  p.    (;34,  §    367 

Declarations. 

See  Evidence,  1. 
Decree. 

See  Tddoments;  Mortgage,  9. 
Dedication. 

See  Railroads. 

railroads  can  acquire  lands  by,  when S,  p.    993,  §    5'3 

public  may  acquire  easemeut  iu  law  by  dedication 6,  p.  452 J,  §  2777 

Delay. 

See  Laches. 
Deeds. 

of  partition,  see  Partition^. 

of  separation,  see  Divorce,  1. 

of  trusts,  see  Tul'sts  2;  MoRTOAnES,  1. 

conditions  and  covenants  in,  see  Real  Propertt,  4. 

of  land  under  or  near  water,  see  Wai ER  and  WATiin-rouRSEf,  1, 

by  husband  and  wife  of  wife's  lands,  see  Husband  and  Wikk,  5. 

acknowledgment  of  deed  of  married  woman,  see   Husdand  and  Wife. 

when  required  in  appointment  of  agent,  see  PniNCirAL  and  Acjknt. 

See  also  DAMAfiE-i;  Escrow;  REnisraAXioN;  Cancisllaxiox 
OF  Insthujients;  Reformation. 


6506 


DEEDS. 


Deeds  — (rontinucd.) 
1.  The  Ukkij;  its  Kxecutiox  aud  Drlivert, 

3.  CovEVA.vr.s  i\  Deeds. 
1.    The  Deed,  Uh  Execution  awl  Ddivertj. 

doud  doliiiud 5,  p.  3780,  §  22G0 

title  to  real  property  cannot  bo  trausferrud  by  parol;  must 

be  by  deed 5,  p.  3780,  §2200 

no  prcsorihud  form  essential  i-*  validity  of  deed 5,  p.  37St),  §  22()0 

inuit  bo  enoiiyh  to  show  intention  to  couvey 6,  p.  37SG,  §  220G 

writing  iatenlod  as  a  reconveyance,  but  not  scaled   or  ac- 
knowledged, inoperative 6,  p.  3780,  §2206 

ASsigDmont   of   deed  indorsed  tliercou  does  not  convey  any 

interest  in  lands  described 5,  p.  37SG,  §  22GG 

canceling     of    a  deed     does    not    revent    property    onco 

passed 5,  p.  3/80,  §2206 

deed  merges  all  prior  contracts  in  reference  tliereto....6,  p.  3786,  §  2206 

the  dilTerent  parts  of  a  deed 6,  p.  3786,  §  2266 

deed  is  not  pir  se  evidence  of  seisin 6,  p.  3787,  §  2206 

in  England  title  deeds  go  to  purchaser;  aUter  in  the  United 

States ..6,  p.  3787,  §2260 

deed  of  release  and   rjuitclaim  transfers  title,  though  trans- 
feree had  no  interest  and  was  not  in  possession. .  6,  p.  3787,  §  2207 

effect  of  quitclaim  deed 4,  p.  3473,  §  2033 

what  passes  and  effect  of  quitclaim  deeds 6,  p.  3783,  §  2207 

quitclaim    deed    does  not  give    right    of    bona  fide  pur- 
chaser  6,  p.  3789,  §  2267 

grantor    and    grantee    must    be    correctly   described    in 

deed 6,  p.  3790,  §  2268 

effect  of  mistakes  or  defects  in  names  of  grantors  or  grantees 

in  deeds  of  conveyance 5,  pp.  3790  to  3793;  p.  2268,  §  2269 

deed  to  dead  person  or  one  unborn  is  void 6,  p.  3792,  §  2269 

deed  must  be  signed  and  sealed 6,  p.    3793,  §  2270 

in  what  way  may  signature  be  made,   and   who    may 

sign 6,  p.  3793,  §2270 

what  seal  is  sufficient;  when  scroll  allowed 5,  p.  3795,  §  2270 

witness  not  requisite  t)  validity  of  deed 6,  p.  3790,  §  2271 

mode  of  proof  of  deed  without  witnesses 5,  p.  3796,  §  2271 

when  statute  requires   witnesses,  attestation  reiiuisite  in 

all  cases 5,  p.  3796,  §  227. 

acknowledgment  of  deeds  when  required  by  statute  must  be 

made  or  deed  valid  only  between  parties 5,  p.  3797,  §  2272 

requisites  of  acknowledgment 5,  p.  3797,  §  2272 

who  may  take  acknowledgment 5,  p.  3798,  §  2273 

who  may  make  acknowledgment 5,  p.  3798,  §  2273 

construction    and    effect    of    certificate    of    acknowledg- 
ment  6,  p.  3799,  §2274 


DEEDS.  G507 

Deeds— (Continued.) 

deed  executed  in  blank,  or  with  material  omission,  cannot 
be  compk'tfd  by  sub.seiinently  filling  in  blank,  with- 
out re-execution  and  rodulivury 0,  p.  3S01,  §  2273 

subsequent    aekmnvle  Igiuont    may    operate    as     a    rode. 

livery 6.  p.  3S01,  §  2273 

delivery  essential  to  give  edeut  to  deed,  wlietiicr   fuiindud 

on  cnnsideration  or  not 0,  p.  SSO.'i,  S  2270 

form  of  delivery;  how  delivery  may  bo  iniul; 5,  i).  liSOl,  g  227(; 

deed  in   pD.ssession    of    grantee    presumed   t)   h:ivo   bjon 

'l^l'v^rod 6,  p.  380S,  §  227G 

other    acts    from    which    delivery  of    deed    may   bj  pre- 

s""«d 5,  p.  3S03,  §  2270 

burden  of  proof  that  deed  duly  rcoorlod  was  never 
delivered  is  on  grantor  iu  action  of  ejoct;nent  ag;iin.st 
innocent  purchaser 5    ,,   ^^]0,  ^  2270 

cases  in  Mhieh  delivery  was  held sulliciunt 5,  pp.  liSlO-.^SIO,  i;  •J27(J 

insufficient Q,  j,p.  .SSII-GSIG,  §  227G 

whether  there  has  been  delivery  of  deed  or  not  mixed  (pies- 

tion  of  law  and  fact 6,  p.  3S13,  §  2270 

deed  of  corporation  need  not  be  delivered 5,  p.  nSJl,  §  •J27() 

patent  from  government  need  not  bj  delivere  1 5,  p.  3S14,  §  2270 

acceptance  by  the  grantee  e3^ential,  for  title  will  not  pvss 

until  deed  has  been  accepted 5,  p.  331 1,  §  2270 

and  grantee  must  accept  before  the  rights  of  third  purtius 

have  intervened 5,  p.  3Si.t,  §2270 

acceptance  of  deed  presumed  where  instrument  is  benefirjal 

to  grantee 5,  p.  ssU,  §2270 

deed  takes  effect  from  delivery,  and  presume  1  to  have  Iiclmi 

delivered  and  to  take  elFcct  from  date 5,  p.  3315,  §  2270 

may  bo    shown    by    parol,    that  deed  was    didivored    (ui 

different  day  from  that  on  which  it  boars  d.ite.  .,.">,  p.  OSlo,  §  2270 

attestation  clause  not  conclusive  as  to  the  d^ie  of  de- 
livery  5,  p.  nc;]f5_  gooyg 

deeds  delivered  in  escrow 5,  p.  3317,  §  2277 

See  Escrow. 
registration  of  deeds 5,  V-  3S23  §  227S 

See  riEGISTRATION. 

notice  of  unregistered  deed 5^  p.  3327  §  2230 

See  IIegistration. 

implied  power  of  agent  to  make  deeds 1,  pp.  JOG,  107,  §      7a 

to  bind  principal  agent  must   execute  deed  in   name   of 

principal 1,  p.     ,57  §    ,0^ 

•'eed  to  dead  person  or  one  unborn  is  void .5,  p.  3792,  §  22J9 

contract  under  seal  in  name  of  agent  cannot  be  enforco<l  on 
proof  that  party  named  had  oral  authority  to  enter 
into  the  contract  and  acted  as  his  agent 1,  p.    199,  §    II9 


()o08 


DEEDS. 


Deeds— (Continued. ) 

2.  Comtrucficn  of  Deed;  what  pntfs. 

deed  will  be  construed  favorably,  so  as  to  uphold  intention 

of  the  parties,  when  possible 5,  p.  3S30,  §  22'«2 

construed  most  strongly  against  grantor 5,  p.  3S;?i),  §  22S2 

all  parts  of  deed  are  cousiilered  and  construed  together.. 5,  p.  3S3G,  §  2232 
every  part  should  be  made  to  take  effeet,  and  every  woid 

to  operate 5,  p.  3836,  §  22S2 

particular  intent  will  govern  general  intont 5,  p.  3S3G,  §  2282 

parts  of  a  deed  inconsistent  with  manifest  intent  will  be 

rejected 5,  p.  3S36,  §  2282 

earlier  clause  controls  later  one 5,  p.  3S37,  §  22S2 

whole  clause  will  not  be  rejected 5,  p.  3S37,  §  2282 

clau'  -r'  will  be  transferred  if  necessary 5,  p.  3837,  §  22S2 

grammatical  construction  need  not  be  followed 5,  p.  3837,  §  2282 

printed  part  of  deed  is  as  much  a  part  of  it  as   written 

part 5,  p.  3837,  §  2282 

punctuativ.n  will  be  resorted  to,  to  settle  meaning  of  an 

instrument,  after  all  other  means  fail 5,  p.  3837,  §  2282 

force  and  legal  effect  of  a  deed  is  matter  of  law 5,  p.  3837,  §  2282 

public  grants  are  construed  against  grantee  and  in    fivor  of 

state 5,  p.  3838,  §  2283 

misrecitals  in  deed  will  not  invalidate  it 5,  p.  3838,  §  2284 

recitals  in  deed  estops  parties  and  privies  from  contradict- 
ing them 5,  p.  3838,  §2284 

gran'jee  has  notice  of  all  faots  recited  in  deed 5,  p.  3839,  §  2284 

when  description  of  property  is  so  indefinite  that  subject  •of 

convey.-^nce  c.nnnot  be  ascertained,  grant  is  void. 5,  p.  3839,  §  2283 
aVter  when  intention  can  be  ascertained  by  oral  proof. 5,  p.  3840,  §  22S5 

when  deed  not  void  for  uncertainty  of  description 5,  p.  3840,  §  2283 

particular  descrii>tion  following  general  one  will  control. 5,  p.  3840,  §  228? 
if  ditferent  parts  of  description  are  consistent,  no  part  should 

be  rejected 5,  p.  3841,  §  2285 

false  or  impossible  part  may  be  rejected;  c/ijent  omis- 
sion iu  description  may  be  gujjplied  by  construc- 
tion   5,  p.  3841,  §  2285 

presumed    that  1  nd  is  situated   in  the  state  where  deed 

was  executed 5,  p.  3341,  §  2233 

where  there  are  two  conflicting  descriptions.,  each  equally 
certain,  that  wU  control  which  is  more  favorable  to 

tlie  grantee 5,  p.  3841,  §  2235 

no  objection  to  a  deed  tha'  the  description  of  lands  conveyed 

is  in  (igures  and  abbreviations 5,  p.  3841,  §  2285 

mistake  in  spelling  the  name  of  a  tract  of  laud  will  not 

vitiate  deed 5,  p.  3811,  §  2.^35 

tract  which  li;is  well-known  name  may  be  described  by  that 

name 6,  p.  3811,  §  2235 


DEEDS.  6uOU 

Daeds— (Continued.) 

may  be  dosciibed  by  reference  to  another  deed  or  map  cnn- 

taiuiiig  description 5^  p.  3341^  §2285 

if  land  has  two  naines,  it  may  be  described  by  cither. .  .5,  p.  3S41,  §  2285 

description  by  metea  aiul  bounds 6,  p.  3342,  §  22S5 

construction  of    "more  or  Icsa  "  or    "about"  in  descrip- 

*'<*" 5,  p.  SS42,  §22S5 

description  by  boundaries  and  monuments 5,  p.  384,"?,  §  22S0 

by  courses  and  distances 5,  p.  SSI j,  §  22S7 

graut  of  thing  passes  as  incident  thereto,  even  though  not 
mentioned  in   the  conveyance,  everything  which  is 

essential  to  its  beneficial  use  and  enjoyment 5,  p.  38  ta.  §  2283 

owner  of  land  has  right  to  exclusive  dominion  over  it  above 

and  below 5_  p^  ggiG,  §2280 

things  overhanging  one's  land   are  a  nuisance  for  which 

action  will  lie 5,  p.  3346,  §2299 

trees  overhanging  one's  land. 5^  p.  3847,  §  2291 

See  TiiEES. 
no  particular  form  of   words  necessary  to  convey  realty; 
any   words   denoting  intent    to    transfer  title  suf- 

ficient 5^  p.  3S4S^  §2292 

conveyance  purporting  to  convey  greater  estate  than  grantor 

has  passes  estate  he  possesses 5,  p.  3843,  §  2292 

eCTect  and  constrnction  of  reservations  and  exceptions  in 

deeds  of  real  estate 5,  p.  3849,  §  2293 

S.     Covenants  in  Deeds, 

covenant  defined 5,  p.  3F51,  §  2294 

covenant  is  cither  express  or  in.plied 5,  p.  3S5I,  §  2294 

non  performance  of  covenant  never  excused 5,  p.  33 j2,  §  22'.)4 

word  "covenant"  not  essential,  any  words  will  do 5,  p.  3S52,  §  2294 

although  deed  contains  express  covenants,  other  covenants 

may  be  implied 5,  p.  3So2,  §  2294 

express  covenant  will  qualify  gencrJity  of  implied  cov- 
enant   5^  p.  3<^5o  g  0294 

covenants  are  cither  dependent  or  independent 5,  p.  3852,  §  2294 

where  acts  are  to  bo  done  simultaneously,  neither  party  to 
covenant  can  reco^'er  without  showing  performance, 

or  an  oCFer  to  perform 5^  p.  3Sj2  §  2291 

in  an  action  on  a  covenant  to  be  performed  on  jjarticulanlay 

no  demand  neeel  be  alleged 5^  p_  355,']   §  2294 

breach  of  covenant  may  be  assigned  generally  by  ncf^ativ- 

ing  words  of  the  covenant , 5.  p.  38 j3,  §  2294 

"full  covenants"  are  covenants  for  seisin,  for  right  to  con- 
voy,  agairst  encumbrances,  for  quiet  enjoyment,  for 

fill  ther  assurance  and  of  warranty 5,  p.  3Sj3,  §  2294 

deed  good  in  form  only  not  sutTicicnt  c  'nrplianco  with  cov- 
enant to  make  "  a  good  and  perfect  deed" 5,  p,  3S53,  §  22^4 

Lawson  U.  &  R.— 455. 


6510  DEEDS. 

Deeds — (Continued.) 

constructioa  of  covenants  in  dcecb D,  p.  3S53,  §2295 

covenant  of  seisin,  what  is;  effect  of 5,  p.  3S54,  §  2296 

wliat  is  and  is  not  breach  of  covenant  of  seisin 5,  p.  3355,  §  2296 

burden  of  proof  in  action  for  breach  of  covenant  of  seisin  ia 
upon  defendant  vho  answers  that  he  was  well 
seised 5,  p.  3S56,  §  2298 

chancery  will  grant  relief  to  defrauded  vendee  upon  cove- 
nant of  seisin  if  vendor  is  insolvent 5,  p.  SS.'fi,  §  2298 

covenant  of  right  to  convey;  what  in;  elfeut  of 5,  p.  385fi,  g  2207 

covenant  against  encnnibiunces 5,  p.  3S57,  §  2298 

action  for  breach  of  covenant  against  encuinbrancfS  liarrc  I 
by  subsequent  dischar^'u  in  bankruptcy  of  cove- 
nantor   5,  p.  3S37,  §2293 

no  defense  that  covenantee  knew  of  encumbrances  at  time 

of  conveyance 5,  p.  3857,  §  2293 

what  is  and  what  is  not  breach  of  covenant  against  encum- 
brances  5,  p.  3'557,  §  2293 

covenant  for  quiet  enjoyment;  what  is;  effect  of. 5,  p.  SS.VJ,  §  2299 

what  is  and  what  is  not  breach  of  this  covenant 5,  p.  3SG0,  §  2299 

covenant  for  further  as-uranco;  what  is;  effect  of 5,  p.  38G1,  §  2300 

of  warranty;  what  is;  effect  of 5,  p.  3SG1,  §  2301 

what  is  and  what  is  not  breach  of  covenant  of  warranty.  5,  p.  33G3,  §  2301 

covenant  to  give  a   "lawful  deed  of  conveyance"  means 

deed  conveying  lawful  or  good  title  5,  p.  3SC4,  §  2302 

covenant  to  execute  and  deliver  goo  1  and  sufDoient  deed  iu 

fee  simp!e  with  warranty  of  title 5>  p.  33G4,  §  2302 

a  tender  of  vendor's  own  deed  without  pr  curing  his  wife's 
relinquishment  of  dower,  not  satisfaction  of  covenant 
to  make  "a  good  and  perfect  deed" 5,  p.  3304,  §2302 

a  warranty  of  "  indisputable  and  satisfactory  title  "  by  the 

grantor  is  satisfied  if  his  title  is  gnod 5,  p.  3S64,  §  2302 

a  quitclaim   deed   is   performance   of  contract  to  give   good 

title  if  the  vendor  had  title 5,  p,  3305,  §  2302 

agreement  by  purchaser  to  assume  and  pty  encumbi-ance 
iuiplies,  not  a  covenant  against  liability,  but  a 
covenant  of  indemnity 5,  p.  38G5,  §  2302 

person  who  covenants  to  convey  as  soon  as  he  gets  title 
from  another  must  show  that  he  has  attempt  d  to 
attain  tiiat  title 5.  p.  33G5,  §  2302 

warranty  of  (piantity  of  land  conveyed  cannot  be  proved  by 

parol  evidence 6,  p.  3SG5,  §  2302 

one  acee[jting  deed  which  does  not  embrace  identical  lands 
described  in  covenant  cannot  afterwards  dispute 
eame 5.  p.  33G5,  §  2302 

scaled  agreement  not  to  make  will  to  the  prejudice  of  rights 

of  covenantor's  heirs  valid 5,  p.  33G3,  §  2302 


DEEDS — DEMAND.  C511 

Deeds— {Continued.) 

BO  13  covenant  not  to  permit  owner  of  an  arljoinin;;  tract  of 

land  to  cut  ditch  tlirc  i^li  c  iVuiiaiitor's  pcuiaiiod  .5,  j).  "S^',  §  2:>02 

covenants  running  with  la:.d;  wha,t  are;  eli'oot  of 5,  p.  ;jS!J.'),  ^  'J.iOa 

wliat  covenants  do  and  do  not  run  witli  Ian  1 5,  p.  ."JSiiT,  g  "J-'JOS 

measure  of  dama^jes  for  brcaclx  of  covcuauta  iu  JuuJkj.o,  jj.  3jIJ5,  ^  2304 
And  see  DAMAiaca. 
De  Facto  Corporation, 
S.  0  Cora'oitA.i'io.NS,  3. 
Defenses. 

See  I-N'SURANCE,  4;  Pleadixo  axd  PnACTica. 
Delay. 

See  Laches. 
Del  Credere  Agent. 

rights  and  liabilities  of. 1 ,  p.    41 R,  §    007 

^^•ho  is  a 1,  p.  0,  §  2;  1,  !>.    41(i,  §    '2>7 

principal  may  enforce  contracts  of 1,  p.    19ij,  ^    IIG 

Delegation. 

See  Master  and  Servant,  I;  Teincipal  and  Agent,  S; 

Attouney  and  Client,  4. 
trustee  cannot  dele-ate  his  authority. 4,  p.  3.*5S2,  §  lOSl;  4,  p.  3435,  §  2027 
power  of  legislature  to  create  corporation  cauuot  bo  dele- 
gated  l,p.    C01,§    335 

Delivery. 

See  Deeds;  Gifts;  NEaoTiABLK  L\sxRaiiENT3,  2;  Statuxb 
OF  Frauds. 

implied  power  of  a;:jent  to  deliver. 1,  p.    105,  §     C3 

construction  of  "  Joliver  "  iu  authority  to  agent 1,  p.      91,  §     02 

Demand. 

of  payment  of  bank  bills  and  certificates  of  deposit,  sea 

Banks,  6. 
when  necessary  before  suit  against  bank  by  depositor.  .2,  p.    015,  §    525 
no  demand  necessary  before  coaimc'  ang  action  on  bill  or 

note  payable  on  demand 4,  p.  2G20,  §  1479 

in  an  action  on  covenant  to  be  performed  on  particular  day, 

no  demand  need  be  alleged 5.  p.  3S5.1,  §  2204 

when  necessary  in  action  for  conversion  of  chattels 7,  p.  5702,  §  3074 

refusal  to  deliver  or  demand,  when  and  when  nut  a  conver- 
sion  7,  p.  5705,  §  3G75 

when  necessary  in  action  of  replevin 7,  p.  5G34,  §  3(>47 

necessary  by    clieut  before    action    against    attorney    for 

money  iu  his  hands 1,  p.    299,  §    179 

requisite  before  bringing  summary  proceeding  against  attor- 
ney  l,p.    317,§   195 

demand  on  clent  for  certain  sum  as  compensation  does  not, 
if  refused,  restrict  attorney  from  recovering  only  that 
"om l,p.    323,§   199 


6512 


DEMAND— DESCENT  AND  DISTRIBUTION. 


^Demand— (Continued.) 

Wliero  coutraat  couilifc'onal  on  request  or  dcmantl,  perform- 
ance of  condition  essential 5,  p.  4150,  §  2306 

demand  by  principal  on  agent  for  moneys  received  by  him 

necessary  before  bringing  suit 1,  p.    132,  §     89 

unless  80  long  time  has  elapsed  since  collection  as  to  raise 

presumption  that  agent  has  appropriated  money.  1,  p,    132,  §      SO 
or  unless  he  has  refused  or  neglected  to  render  an  ac- 
count  1,  p.    132,  §     SO 

or  denies  the  agency 1,  p.    132,  §      89 

or  where  a  claim  id  set   up  exceeding  the  amount  col- 
lected  1,  p.    132,  §      89 

or  where  agent  in  bis  answer  disputes  his  liability. .  1,  p.     132,  §     89 

mere  depositary  not  liable  to  action  until  demand 4,  p.  2937,  §  1713 

bailment  may  be  terminated  by  act  of  bailor,  but  previous 

demand  essential 4,  p.  2935,  §  1712 

Daniurrage. 

See  SuiP3  AXD  SniPPiNO. 
Demurrer. 

ooe  Pi.EADINO  AND  PRACTICE,  3. 

Dentists. 

Jt)ractice  of  dentistry  and  qualifications  of  dentists  maybe  pre- 
scribed by  statute 7,  p.  G1G7,  §3911 

dentist  liable  for  not  exercising  a  reasonable  degree  of  skill 

and  care 7,  p.  61G8,  §  3911 

not  answerable  for  injuries  arising  from  his  lack  of  highest 

knowledge  in  his  profession 7,  p.  61G3,  §  .3911 

dentist  or  surgeon  using  an  anaesthetic;  liability  of 7,  p.  GIC3,  §  3911 

Deposits. 

See  Banks;  Savings  Banks,  2. 

construction  of  "deposit "  in  authority  to  agent 1,  p.      91,  §     62 

Derelict  Property. 
See  Abandonment. 

Descent  and  Distribution. 

delini  ion  of  "descent"  and  "descendants" 6,  p.  COGS,  §3103 

"succession"  defined 6,  j).  ^OGS,  §3103 

lineal  and  collateral  descent  distinguished 6,  p.  5069,  §  3109 

mediate  and  immediate  descent  distinguished 6,  p.  50G9,  §  3109 

difference  between  English  and  American  law 6,  p.  50'I9,  §  3110 

state  has  power  to  regulate  descent  and  distribution. .  .6,  p.  5070,  §  3111 

in  case  of  void  will,  statute  and  not  Avill  governs 6,  p.  5071,  §  3111 

legal  status  and  title  as  affecting  course  of  descent 6,  p.  5071,  §  3112 

who  are  "  heirs,"  and  who  may  take— in  general 6,  p.  5072,  §  3113 

presumption  of  survivorship  in  case  of  death  by  common 

disaster 6,  p.  5074,  §3114 

time  when  estate  vests -  •  6,  p.  5)74,  §  3 1 15 

what  estate  or  interest  descends  to  heir 6,  p.  507 G,  §  31  IS 


DESCENT  AND  DISTRIBUTION — DIRECTOIIS. 


6513 


C2 


Descent  and  Distribution— (Continued.) 

rij^hta  and  dutiei  of  heirs  in  relation  to  inherited  estate. 0,  p.  C078,  §  3117 
liabilities  of  heirs  in  regard  to   descended  estate  and  am;e3- 

tor's  debts 6,  p.  507D,  §  3118 

descents  falling  to  children  and  their  issue 6,  p.  50hl,  §  3119 

deacentj  tailing  to  surviving  husband 6,  p.  5082,  §  3120 

descents  falling  to  widow 0|  £'•  5033,  §  3121 

woman  who  procures  divorce  does  '(ot  become  widow  after 
husband's  death,  and  has  uo  claim  as  such  under 

statutes  of  distribution 2,  p.  1457,  §    801 

descent  of  community  property 6,  p.  5085,  §  3122 

descents  falling  to  brothers  and  i^iisters 6,  p.  50S6,  §  3123 

brothers,  sisters,  and  kindred  of  the  half-blood 6,  p.  50SG,  §  3124 

ancestral  estates 6,  P-  5093,  §  3125 

descents  falling  to  parents 6,  p.  5093,  §  3126 

descents  falling  to  step-father  and  step-mother 6,  p.  5095,  §  3127 

rule  as  to  the  heirs  of  parents 6,  p,  5095,  §  3123 

descents  falling  to  grandparents 6,  p.  5095,  §  3129 

descents  falling  to  uncles,  gra  ul-uncles,  au.its,  ne^ihews  and 

nieces 6,  p.  5096,  §  3130 

descents  falling  to  cousins 6,  p.  5093,  §  3131 

descent  from  infants 6,  p.  509(5,  §  3132 

who  are  next  of  kin 6,  p  503S,  §  3133 

degrees  of  kindred;  how  computed 6,  p.  5100,  §  3134 

posthumous  children 6,  p.  5101,  §  3135 

descents  to  and  from  adopted  children 6,  jj.  5101,  §  3138 

descents  to  and  from  ille^itimite  children 6,  p.  5102,  §  3137 

evideiicft  necessary  to  establish  heirship 6,  p.  5105,  §  3133 

Dascriptio  FersonsB. 

word  "agent"  construed  as,  and  agent  personally liabl'j  on 

negotiable  pap  r •  •  1,  p.    ICO,  §    103 

Desertion. 

as  ground  of  divorce,  see  Divorce,  3. 

Determination. 

of  agency,  see  Prixcipal  and  Agent,  10;  Attorney  and 
Cuiixr,  5. 

Detinue. 

replevin  distinguished  from  detinue  and  trover 7,  p.  5321,  §  3010 

code  action  for  recovery  of  personal  ^iroperty  is  substitute 

for  r.^plevin  and  detinue. 7,  p.  5G22,  §  3C41 

Deviation.    See  Insurance,  f. 

Davlses.     Sek  Wills. 

Dies  Non  Juridicus. 

See  Contracts;  Negotiable  Instruments,  4, 

Directors. 

of  banks,  sec  Banks  and  Banking,  4. 
See  CoRPORATiONt;,  4. 


6514  DISBARMENT — ^DISEASS. 

Diabarment. 

See  Attorney  and  Cltrnt. 
Discharge. 

See  Joint  and  Several  Ltabimtiks. 

of  mortgagea,  see  Mortqaqes,  7. 

implied  power  of  attorney  to  give  a  discharge .1,  p.    2S3,  §    171 

Discontinuance. 

implied  power  of  attorney  to  agree  to  a  discontiauauce.  .1,  p.    2S5,  §    171 
Discounts. 

See  Banks,  5. 
Discovery. 

court  will  entertain  bill  for  discovery  to  compel  corporation 
or  its  members  to  disclose  whether  they  have  paid  f  jf 
stock 1,  p.    821,  §   493 

bill  for  divorce  on  ground  of  adultery    asking  discovery 

demurrable 2,  p.  1431,  §    7S1 

Disease. 

See  Insurance,  b;  Landlord  and  Tenant,  4;  Physicians 
and  Surqkons. 

no  action  lies  for  infecting  one  with  venereal  disease.. .  .3,  p.  1789,  §  1046 
right  of  person  infirm    from  disease   to  walk  on  high- 
way  3,  p.  2045,  §  11C7 

persons  under  physical  disabilities,  duty  to  exercise  increased 

care  at  railroad  crossings 3,  p.  2004,  §  1191 

deaf  persons 3,  p.  20t)t,  §  1191 

persons  with  defective  eyesight 3,  p.  2094,  §  1 191 

persons  with  poor  sight  must  use  greater  care  in  streets  to 

avoid  dangers,  than  those  with  good  sight 3,  p.  205S,  §  1174 

80  of  one  far  advanced  in  years  and  feeble 3,  p.  2058,  §  1174 

landlord  letting  premises  infected  Avith  contagious  disease 

liable 3,  p.  1990,  §1143 

person     employing    workmen    to    do    work    on     infected 

house 3,  p  1930,  §  1143 

liability  of  city  authorities  for  neglect  in  removal  of  small- 
pox patients 3,  p.  lOOl,  §  1143 

person  taking  sick  family  to  boarding-house 3,  p.  1991,  §  1143 

innkeeper  i^  liable  for  communication  to  guest  of  contagious 
disease  by  one  whom  he  knowingly  permits  to  remain 
in  his  house 4,  p.  3059,  §  1782 

if  passenger,  afflicted  with  physical  or  mental  ilisabllity,  is 
known  to  carrier,  latter  bound  to  extend  to  him  in- 
creised  care  and  watchfulness 4,  p.  3293,  §  1923 

liability  for  injuries  caused  by  keeping  dheasedanlmals.S,  p.  2518,  §  1393 

liability  for  injuries  caused  by  celling  diseased  ani- 
mals  3,  p.  2519,  §  1394 

coanty  not  liable  to  inmates  of  jail  which  causes  them  to  ba- 

come  sick  and  diseased 3,  p.  lOdOn,  §  1143 


DISEASE — DIVORCE.  6515 

DiBease —(Continued .) 

health:  where  partner  becomes  disabled  in  health,  court  will 

dissolve  partnership 2,  p.  1243.  §    C72 

Bick:  no  defense  to  an  action  for  refusing  to  make  transfer 
of  stock  that  president  was  sick  and  unable  to  sign 

new  certificate 1°      ►.—   -    ... 

.  f  iiP.    /<o,  §   468 

sickness  ma/  excuse  notice  of  dishonor 4,  p   OGUD   §  1544 

permanent    sickness  of    a  servant  ends    the  contract '  of  *^      ' 

.,      '"'■^^^^ .\.l.p.    49G.§    287 

Bickness:  passenger's  illness  will  not  excuse  him  from  demand- 

mg  and  receiving  his  baggage 4,  p.    3328  n,  §  1934 

sickness:  when  an    excuse    for  non-performanco    of    con- 

,        .*'"''°*:-, 5,  p.  4174,  §  2521 

insamty  or  sickness  or  other  incapacity  of  insured,  no  excuse 

for  not  paying  premium 5,  p.  3533,  §  2072 

concealing  loathsome  disease  at  time  of  marriage,  cause  for 

„    ,    '^^ 2,  p.  1441.  §   787 

words   imputing  contagious  disease,   when  and  when  not 

rismissar''"""" 3,  p.  2235,81217 

case  cannot  be  dismissed  without  consent  of  attorney...!,  p.    2G1,  §    156 

See  Adverse  Possession;  Eeal  Pkopbrtt,  S. 
Dissolution. 

of  agency,  see  Principal  and  Agent,  10;  Attornet  and 
Client.  5. 

of  corporations,  see  Corporations,  6. 

of  partnership,  see  Partnership,  G. 

of  railroad  corporation,  see  Railroads,  4. 

And  see  Bdildinq  and  Loan  Association;   VoLC^-TART 
Association. 
Distilleries. 

when  a  nuisance «        .«>»  -  ... 

Distress.  6,  p.  43.0,  §  3001 

distress  when  and  how  permitted  in  the  United  States.. 6,  p  4593  8  0319 

requisites  to  valid  distress q   _    .-no'  g  7,0,^. 

Distribution.  '  ^'    '''''''  ^  '^^^ 

See  Descent  and  DisTRiraTiON. 
Dividends. 

See  Accession;  Corporations,  5. 
Divorce. 

See  Constitutional  Law,  8. 

1.  Separation  and  Separate  Maintenancb. 

2.  Divorce— General  Principles. 

3.  Grounds  fob  Absolute  Divorce. 

4.  Defenses. 
6.  Alimony. 


6516 


DIVORCE. 


.2,  p.  1424,  §  778 

§  778 

§  773 

§  778 

§  778 


Divorce —(Continued. ) 

1.  Sii>aration  and  Separate  Maintenance. 

deeds  for  providing  for  seixirato  maintenance  valid, , 

deeds  of,  do  not  require  a  cons.'d  ;riiti()n 2,  p.  14'25, 

provisions  of,  must  bo  fair  and  equitttble 2,  p.  1425, 

may  be  enforced  though  w  ifo  divorced 2,  p.  142'>, 

dceil  of,  as  a  dcfen-e  to  action  for  divorce 2,  p.  1425, 

validity  of  note  given  to  wife  to  induce  her  to  come  and  live 

with  him 2,  p.  1425,  §   778 

Separate  maintenance  of  wife  when  granted  by  equity. 2,  p.  1425,  §    778 

may  be  granted  to  deserted  wife  without  divorce 2,  p.  1427,  §    779 

temporary  alimony  may  bo  granted  in  suit  for 

2,  p.  1427,  §  779;  see  2,  p.  1423,  §   779 
causes  for  which  separate  maintenance  will  be  granted . .  2,  p.  1423,  §   779 
wife  not  entitled  to  decree  of  maintenance  unless  in  case 
which  would  have  justilied  decree  of  judicial  separa- 
tion  2,  p.  1428,  §   779 

not  enough  that  separation  was  voluntary  and  by  mutual 
assent,  or  produced  by  the  wife's  own  departure  with- 
out sufficient  cause 2,  p,  1428,  §   779 

condoned  misconduct  of  husband  cannot  be  made  basis  of 

suit 2.  p.  1428,  §   779 

Divorce — General  Principka. 

absolute  divorce  (a  vinculo) 0,  p.  1423,  §    783 

limited  divorce  (from  bi  d  and  board) 2,  \).  1428,  §    730 

divorce  not  granted  if  parties  have  ceased  t  j  be  husband 
and   wife,   though    suoh  at    the  couimcucement  of 

suit 2,  p.  142^  §    730 

action  for  divorce  abates  by  death  of  eitlicr  party 2,  p.  142S,  §    780 

decree  of  divorce  aflfecting  the  property  ri^^hts  may  be  re- 
viewed, on  appeal,  after  death  of  one  of  them. .  .2,  p.  1423,  §    780 
only  parties  (husband  and  wife)  can  prosecute  a  divorce 

suit 2,  p.  1428,  §    780 

suit  for  divorce  may  be  prosecuted  by  or  against  guardian 
or  committee  of  insane  person,  where  the  act  was  com- 
mitted before  party  became  insane 2,  p.  1423,  §    780 

infant  children  of  divorced   parents  cannot  file  bill  to  set 

aside  decree 2,  p.  1429  n,  §   780 

divorce  a  vinculo  not  decreed   unless    legal    marriage  be 

proved 2,  p.  1429,  §    780 

divorce  not  granted  upon  testimony  of  young  children  of 

parties 2,  p.  1429,  §    780 

where  husband  has  already  obtained  divorce,  the  court  may 

grant  a  like  divorce  to  wife 2,  p.  1429,  §    780 

equity  will  annul  at  suit  of  either  party  a  judgment  of  di- 
vorce obtained  by  fraud 2,  p.  142i),  §  780;  2,  p.  1458,  §    801 

effect  of  divorce  on  custody  of  children 2,  p.  1456,  §    799 


779 


DIVORCE.  G517 

Divorce— (Continued. ) 

transfers  of  property  er.ecuted  before  divorce  unaffected  by 

1  IV ','■■,*"■, ' 2,  p.  1433,  §   800 

beauest  by  husband  m  favor  of  hia  wife  not  avoided  by  sub- 
sequent divorce  for  fault 2,p.  I4.-,G,§    800 

separate  property  of  wife  not  affected  by  the  divorce.  .2,  p.  1-153   §    800 

what  r  g!. ts  are  annihilated  by  divorce g.  ,,  i  j,,;,  g    gOO 

what  disabilities  are  removed  by  div  orce 2,  p.  1450,  §    800 

by  divorce,  husband's  riglit  of  action  for  injury  to  himself 

suffered  by  injury  to  wife  lost 2.  p.  1457,  §    801 

husband  cannot  afterwards  be  sued  for  injury  committed  by 

wife..     .   2,  p.  1457^  §    831 

by  divorce,   husband  loses   right  to  administer  on  wife's 

estate o        i  i  —   »    ««, 

2,  p.  14o7,  §    801 

woman  who  procures  divorce  does  not  become  his  widow 

after  his  death,  and   has  no  claim  as  such  under 

statutes  of  distribution 2,  p.  1457,  §    801 

right  of  parties  to  re-marry  after  divorce 2,  p.  1453  §    80*> 

divorced  wife  cannot  maintain  action  against  her  late  bus-" 

band  upon  implied  contract  arising  during  covcrt- 

"™ ;  • .•  • 2,  p.  1459,  §    804 

nor  for  assault  committed  on  her 2,  p.  145a  §    804 

can  recover  for  services  rendered  by  her  to  former'  hus- 

band  before  marriage 2,  p.  1450,  §    804 

divorced  wife  cannot  maintain  action  against  husband  for 
damages  caused  by  his  fraud  in  pi-ocuriu<r  the  divorce 

or  having  marriage  annulled g,  p.  1450,  §    804 

divorce  from   bed   and   board   does  not  affect  property  or 

„    ^  rights  of  parties 2,  p.  1453,  §    80S 

3.  Grounds  for  Abmlule  IHvorce. 

adultery  a  ground;  evidence  essential  to  establish 2,  p.  M'>3   §    731 

fornication  on  part   of  husband   not   a  ground   in   s  'me 

,  l^''^''^ 2,  p.  I4-2.')  »,  §    7SI 

what  not  proof  of  adultery 2   p.  1 4;Jl    s    -si 

decree  on  evidence  of  confesions  of  defendant 2,  \k  M31 '  g    7S1 

bringing  suit  on  ground  of  adultery  precludes  sub-suit'on 

ground  of  desertion o    „    iai^    r    -jn, 

.  •„  f       1-  , ^,  p.  14J1,  §    781 

bill  for  divorce  on  ground  of  adultery  asliing  discovery 

.  ,^^•"7"'^^^ 2,  p.  1431,  §  781 

conviction  of  crime  a  ground  for  divorce 2,  p.  1432,  §  7S'> 

al'Uer  of  conviction  out  of  state 2,  i>   143'''  S  "82 

cruelty  as  a  ground  of  divorce o'    '  ,  ,00  ^  -o.. 

What  IS  and  is  not  cruelty 2   p   ]43'>  s  "s-j 

construction  of  statutory  phrases  as  to  cruelty 2,  \\  1432   §  783 

desertion  as  ground  of  div jrce 2   p   1437'  ?  "84 

what  is  and  is  not  desertion '.".'.".*.'.'.".  2,  p.  I437!  §  784 

impotence  as  a  ground  of  divorce 2,  p.  1440  S  7S5 


6518 


DIVORCE. 


Divorce — (Continued. ) 

drunkenness  as  ground  of  divorce S,  p.  1440,  §  786 

what  is  "hubitual  drunkenness" 8,  p.  1441,  §  788 

means    a^coholio     drunkenness,    not     excessive    use    of 

opiates S,  p.  1441,  §  786 

other  statutory  causes  for  divorce 2,  j).  1441 ,  §  787 

concoaliny  loathsoiuo  disease  at  time  of  marriage "3,  p.  1441,  §  787 

failing  to  support  wife 2,  p.  1441,  §  7S7 

incestuou-i  niiirriagc 2,  p.  1411,  §  787 

bigamous  marringe 2,  p.  1442,  §  787 

wife  before  marriage  guilty  of  fornication  unknown  to  hus- 
band   2,  p.  1442,  §  787 

wife  at  time  of  ni;uri;igo  unknown  to  husband  enciciite  by 

another  man 2,  p.  1442,  §  787 

wife  at  time  of  marriage  a  prostitute,  or  husband  a  not  iri- 

ously  licentious  porson  bo^ore  n)arriage 2,  p.  1442,  §  787 

marriage  procured  by  fraud  or  force 2,  p.  1442,  §  787 

parties  buing  infants,  consent  of  parents  or  guardians  not 

had 2,  p.  1442,  §  787 

joining;}  an  immoral  religious  sect 2.  p.  1442,  §  787 

insanity  at  the  time  of  marriage  or  since  marriage 2,  p.  1442,  §  787 

lewd  and  lascivious  behavior  of  wife 2,  p.  1442,  §  787 

husband  becoming  a  vagrant 2,  p.  1442,  §  787 

for  causes  which  make  it  best  that  parties  should  not  live 

together 2,  p.  1412,  §  787 

voluntary  separation  of  parties  for  five  years 2,  p.  1442,  §  787 

where  husband  or  wife  has  not  been  heard  from  for  three 

or  seven  years 2,  p.  1442,  §  787 

indignitiesas  will  render  husband's  condition  intolerable. 2.  p.  1443,  §  787 

gross  misbehavior  and  wickedness 2,  p.  1443,  §  787 

4.  Dt'fcnsts, 

recrimination;    that  complainant  also  guilty,    a   good  de- 
fense  2,  p.  1443,  §  783 

evidence  requisite  to  establish  charge  of  recrimination. .2,  p.  144.'),  §  788 

condonation  or  forgiveness  of  act,  a  good  defense 2,  p.  1445,  §  789 

how  condonation  may  be  canceled 2,  p.  1440,  §  789 

connivance  by  injured  party,  a  good  defense 2,  p   1447,  §  700 

consent  by  injured  party,  a  good  defense 2,  p.  1447,  §  799 

lapse  of  time  in  bringing  suit  for  divorce  bars  it 2,  p.  144S,  §  791 

Bo  when  parties  have  separated  by  mutual  consent.. 2,  p.  1449  n,  §  792 

collusion  between  parties  to  obtain  decree 2,  p.  1449,  §  792 

insanity  at  time  of  act,  good  defense  to  bill  for  divorce.. 2,  p.  1449,  §  793 
6.  Alimony. 

defined:  different  kinds  of 2,  p.  1450,  §  701 

alimony  may  be  granted  without  divorce 2,  p.  1450,  §  794 

supreme  court  will  not  entertain  application  for  alimony 

pending  appeal 2,  p.  1450,  §  794 


DIVORCE— DOMICILE. 


6519 


Divorce — (Con  tinned. ) 

reversal  of  a  decree  does  not  necessarily  reverse  decree  for 

alimony 2,  p. 

alimony  pendente  lite  allowed  when  wife  plaintilT 2,  p. 

wife  defendant  may  ask  fur  alimony,  when .2,  p. 

petition  for,  must  establish  prima  fuck  case 2,  p. 

in  suit  for  separate  maintenance 2,  pp.  1427, 

refusal  of  permanent  alimony  by  jury  does   nut  preclude 

court  from  ordering  temporary  alimony 2,  p. 

not  allowed  where  she  has  means  of  lier  own  sunicii'nt..2,  p. 
defendant's  refusal  to  pay  temporary  alimony   docs  not  de- 
prive him  of  right  to  defend  divorce  suit 2,  p. 

permanent  alimony  when,  and  when  not  allowed 2,  p. 

amount  usually  allowed  as 2,  p. 

when  riyht  to  alimony  ceases 2,  p. 

decree  may  be  enforced  by  execution  against  husband's  es- 
tates or  by  attachment,  or  husband  may  be  committed 

for  contempt 2,  p. 

may  be  declared  a  lien  on  real  property  of  husband . .  2,  p. 

husband  may  show  inability  to  pay 2,  p. 

debtor    cannot    claim  exemption    on    judgment  for    ali- 
mony  2,  p. 

Dogs. 

See  Animals. 
Domicile. 

See  Residence. 

domicile  delined;  the  different  kinds  of 7,  p. 

"resident"  and  "inhabitant"  distinfjuished 7,  p. 

domicile  in  one  state  and  residence  in  anotlier 7,  p. 

domicile  of  married  man  is  where  he  resides,  not  where  he 

does  business 7,  p. 

person  has  right  to  change  domicile 7,  p. 

domicile  of  husband 2,  p.  1310,  §  714;  7,  p. 

domicile  of  wife 2,  p.  lolO,  §  714;  7,  p. 

domicile  of  infant  child 7,  p. 

domicile  of  ward 2,  p.  l.JGO,  §  870;  7,  p. 

domicile  of  corporations 1,  p.  Gu5,  §  3S7;  7,  p. 

domicile  of  officer  of  state  or  United  States 7,  p. 

domicile  of  soldier ....7,  p. 

domicile  of  sailor 7,  p. 

change  of  domicile,  requisites  of 7,  p. 

what  is  and  is  not  proof  of  change  of  domicile 

7,  p.  COCO,  §  3S40;  7,  p. 
no  change  of  domicile  when  there  is  intention  of  returning, 

atiimua  revertendi 7,  p. 

domicile  continues  until  new  one  is  acquired 7,  p. 

domicile  once  established  presumed  to  continue t,  p. 


1450,  §  704 

14-.0,  §  795 

1450,  §  795 

1451,  §  795 
1408,  §  779 

1451,  §  795 

1451,  §  793 

uni,  §  795 

1452,  §  790 

1452,  §  797 

1453,  §  707 


1454,  §  798 

1455,  §  793 
1455,  §  798 

1455,  §  703 


G055,  §  3840 
C056,  §  3340 
G05G,  §  3S40 


G056, 
G05G, 
C057, 
C057, 
G058, 
GOGO, 
GOOl, 
G0C2, 
G0G2, 
G0(i2, 
G0G2, 


§3340 
§3840 
§  3341 
§  3841 
§  3S42 
§  3343 
§3844 
§  3343 
§3845 
§3343 
§3846 


C0G4,  §  3846; 

60G6,  §  3847 
G067,  §  3848 
6069.  §  3849 


6520  DOMICILE— DURESS. 

Domicile— (Continued.) 

burden  of  proving  chingo  of  domiolle  upoa  party  nllepjing 

it 7.  p.  OOno,  §  3849 

question  of  ilomieilc  is  (luoatiou  of  fact  for  jury 7,  p.  0070,  S  3S49 

Donctio  Causa  Mortis. 

•Sec  UllT.S. 

Double  Insuranco. 

Sec  I.NsnuANct:,  1. 
Dower. 

See  Husband  axd  Wi7e,  9. 
Drains. 

See  Municipal  Corpobations,  4;  Watkr."!  and  Wateb* 
COURSES,  5,  6. 
Druggists. 

right  of  druggists  to  recover  for  medicine  i umishcd  or  pre- 
scribed by  them 7,  p.  C168,  §  3911 

druggist  who  negligently  sells  a  poison  for  Larmless  medi- 
cine liable  in  damages 7,  p.  G1C8,  §  3911 

dealer  who  labels  deadly  poison  as  harmless  medicine  liable 

to  action  by  any  pi:rchas«r 7,  p.  C168,  §  3911 

failing  to  place  the  word  "poison"  on  bottle  negligence, 

7,  p.  61G9,  §  3911 
injunction  ag.iinst  drugg'st  by  physician  to  restrain  him  from 

advertising  medicine  a<  his  refused 7,  p.  G169,  §  3911 

action  may  be  maintained  by  husband  a^'ainst  druggist  who 

selh  laudanum  as  beverage  to  wife 2,  p.  13.32,  §    730 

Drunkenness. 

See  Divok'E;  Inscrance,  b. 

guardianship  of  drunkards 2   p.  1547,  §    848 

drunkard  not   competent   to   make   contract  of  m;irriagi-, 

2,  p.  129S,  §    707 
court  will  dissolve  partnership  for  drunkenness  on  part  of 

partner 2,  p.  1245,  §    672 

contributory   negligence   to  walk   or  sit  down   on  track 

while  drunk 3,  p.  2097,  §1192 

Due  Bills. 

"  I.  0.  U's"  and  due  bills,  containing  no  promise  to  pay, 

not  promissory  notes 4,  p.  2589,  §  1453 

Dumbness. 

dumbness  does   not  constitute  incapacity  which   vitiates 

will 6,  p.  5144,  §3166 

dumb  person  not  incapable  of  marrying 2,  p.  1297,  §    706 

Due  Process  of  Law. 

See  Courts. 
Duress. 

See  Payment,  3. 

duress  defined;  duress  by  imprisonment  or  threats 6,  p.  3942,  §  2364 


DURESS — EASEMENTS. 


Go21 


Duress— (Continued. ) 

legal  iin|)risonnK'iit  is  not  duress 0,  p.  3943,  §  23C4 

duress  of  j,'()iiiU  or  projiorty  not  gro.uul  for  setting  aside  con- 
tract  6.  I'-  "914,  §  e;5C3 

duress  liy  mere  advice,  dinction,  inllutMico  and  persuasion 

not  rcc.'gMi/.ed 6,  p.  3914,  g  2303 

threat  to  withlmM  payment  of  debt,  or  to  refuse  i)eif.irin. 

nnce  of  contract,  or  to  do  an  injury  wliicli  may  !>«  at 

once  redressed  liy  le^al  pn)ces3,  not  duress 6,  p.  3944,  §  23Cj 

money  obtr.ined   by   duress   of    gooda   may    be    recnvi  red 

back Op.  3045,  §  2;JC0 

duress  must  bo  the  act  of  the  party  himself,  or  impose  I 

with  his  knowledge,    and  taken   advantage    of    by 

him 5,  p.  3940,  §  2307 

duress  by  tliird  person  does  not  avoid  contract 6,  p.  304G,  §  2307 

contract   cannot  be  avoided   because   it  Mas  obtained   by 

duress  on  third  person 6.  P-  304f),  §  2307 

duress  of  principal  cannot  be  pleaded  by  surety 6,  p.  39 IG,  §  23U7 

parent  may  plead  duress  of  child,  or  liuskmd  duress  of  his 

wife,  or  cliil  I  duress  of  parent 5,  p   394G,  §  2307 

•grcemcnt     obtained    by     duress     may     be     avoided     or 

alTirmed 5,  p.  3047,  §  2308 

duress  cannot  be  set  up  as  against  innocent  purchaser.  .6,  p.  3947,  §  230S 
property  sold  under  duress  may  bo  recovered  from  tliird 

person 5,  p.  3947,  §  2303 

agreements  obtained  through   oflensive  or  undue  inllumco 

may  be  set  aside  in  equity 5,  p.  3947,  §  2309 

this  rule  applies  especially  where  contidential  relations 

exist  between  parties 5,  p.  394S,  §  2309 

marriage  procured  by  force,  fraud  cr  duress  voidable. .  .2,  j).  1301,  §    719 
written  contract  can  be  varied  to  prove  that  agreement  was 

induceil  by  fraud,  or  duress,  or  improper  influence  of 

one  of  the  parties 5>  P-  3SS3,  §  2314 

money  obtained  by  compulsion  or  duress  nuiy  bo  recovered 

back   5,  p.4216,  §2J.-)4 

fraud  or  duress  a  good  defense  to  action  on  bill  or  note. 4,  p.  2770,  g  1J99 
right  to  rccuver  for  services  rendered  through  duress..  .1,  p.    442,  §    243 
Easements. 

See  rAKTY  Walls;  Ways. 

easement  dLfiiied;  person  cannot  have  easement  in  his  own 

land 6.p.4|523,§2773 

casements  distinguished  from  profits  a  ;))'«"t^/v; 6,  p.  4524,  §2773 

distinguishi-d  from  licenses 6,  p.  4524,  g  27/3 

grantee  of   the  seivient  estate  takes  subject  to  the  ea>e- 

ment 6,  p.  4524,  §  2773 

easements   impose  no  obligations  upon  lands   in  servitude 

to  do  anything  for  their  protection 6,  p.  4524,  §  2773 


6522 


EASEMENTS. 


Easements— (Continued.) 

illustrations  of    easements;  riglit  to  pass    over     notlmr'a 

land 6,  p.  4524,  §  2774 

to  maintain  a  Itiiildiiig  or  landing  on  it 6,  y.  4525,  §  2774 

tliat  raiiioad  shall  conlinuc  to  stop  with  their  cars  at  par- 
ticular place Oi  p.  4525,  §  2774 

to  carry  water-pipps,  gas,  stoain,  etc.,  or  for  drains.  .6,  p.  4525,  §  2774 

restricting  use  of  land  or  premises 6,  p.  4525,  §  2774 

titl<!  or  interest  in  land  by  railroad,  an  easement 2,  p.    994,  §    556 

caseuinnt  c;i.n  bo  ac(juired  only  by  grant 6,  p.  45'2,5,  §  2775 

can  be  aciuiired  or  released  only  by  deed 6,  p.  4520,  §  2775 

caf  anient  passes  as  incident  on  conveyance  of  land 6,  p.  4520,  §  2775 

may  bo  by  reservation  or  exception  in  deed 6,  p.  4526,  §  2775 

itservation  or  exception  implied  only   when  ncccFsary  for 

enjoynuntof  land 6,  p.  4520,  §  2775 

easement  by  prescription;  hoiv  acquired 6,  p.  4527,  §  2776 

easement  may  exist  by  custom 6,  p.  4528,  §  2776 

public  ma}'  acquire  easemei't  in  land  by  dedication  ...  .6,  p.  4528,  §  2777 
where  limit  of  easement  not  fixed  by  deed,  long  use  or  con- 
struction of  grant  fixes  it 6,  p.  4528,  §  2778 

where  easement  particularly  loeiitinl  and  described  in  giant, 

limited  to  deliiied  locality  and  to  defined  purpose. 6,  p.  4529,  §  2778 
easement  cannot   be  subseipiently    altered  or  enlarged   for 

upes  not  contemplated  at  the  time  of  grant 6,  p.  4529,  §  2778 

ea  ements,  how  extinguished  by  act  uf  God 0,  p.  45'29,  §  2779 

easements,  how  extinguished  by  operation  of  law 6,  p.  4530,  §  2780 

easements,  how  extinguished  by  act  of  parties 6,  p.  4^31,  §  2781 

action  lies  for  obstruction  to  or   encroachment  on  ease- 
ment  6,  p.  4534,  §2782 

previous  request  to  remove  cneroaehmont  essential.  .6,  p.  4534,  §  2782 
where  injury  not  susceptible  ff  being  adennately  compen- 
sated by  damagoi,    equity  will  interfere  by  injunc- 
tion  6,  p.  4534,  §  2782 

owner  of   easement  ha?  right  to  enter  land  and  abate  ob- 
struction  6,  p.  4534,  §2782 

owner  of   dominant  tenen)ent  may  sue  for  injury  to  ease- 
ment  6,  p.  4535,  i  2783 

where    domiuant    tenement    is    leased    reversioner    may 

BUf 6,  p.  4535,  §  2783 

easement  of   light  and  air;    doctrine  ot  ancient  lights  not 

rocogni/ed  in  United  States 6,  p.  4535,  §  2784 

action  will  not  lie  for  maliciously  building  a  high  fence  on 
one's  land  so  as  to  obstruct  o.  e's  neighbor's  light  ,  nd 

air 3,  p.  1712,  §  JOIO 

but  right  to  light  and  air  may  bo  acquired  by  express 

grant  or  ctivenant 3,  p.  1712,  §  1010 

may  be  acquired  by  implied  grant 6,  p.  4537,  §  2784 


EASEMENTS — EJECTMENT. 


6523 


Easements — (Continued. ) 

riulit  rests  in  all  cases  upon  ground  of  necessity,  and  not 

of  mere  convenience "•  P-  *^->h  S  ~i^^ 

no  grant  of  light  and  air  will  Le  implied  biyond  what  is 
absolutely  necessary  to  enjoyment  of  premises  con- 
veyed  6.  p.  4337,  §  27S4 

as  between  landlord  and  tenant,  rule  dilTurent  from  case 

of  premises  conveyed 6,  p.  453S,  §  ~i  S4 

access  of  air  to  chimneys  of  building  cannot  be  clnimed  by 

prescription  or  as  right 6,  p.  4CoJ,  §  -<S4 

one  wi;l  not  be  restrained  by  injunction  from  putting  win- 
dow in  his  wall;  remedy  is  to  build  up  opposite  win- 
dow  6,  p.  4039,  §  27S4 

private  dwelling-house  not  a  nuisance  booau^e  it  may  injure 
adjoining  property  by  cuttiug  oCF  breeze  froua  and 
view  of  sea 6,  p.  4o39,  §2784 

one  may  recover  damages  for  injury  to  his  soil  by  removing 

lateral  support  of  it 6,  p.  45  J,  §  27S5 

obligations  limited  to  support  of  land  in  the  natural  condi- 
tion;  not  weighted  with  buildings  or  otlar  bur- 
dens  6,  p.  4339,  §  27S5 

right  to  lateral  support  weighted  by  buildin-s  may  be 
acquired  by  prescription,  or  by  implied  covenant,  a3 
where  adjoining  lands  were  formerly  property  of  a 
common  owner G,  P-  4 j  lO,  §  - '   <^ 

party  liable  for  negligence  in  re  >ving  lateral  sup- 
port  ®' i^- ^•:*;' ^ ":? 

must  give  notice  of  intention  to  neighbor 6,  p.  4")  12,  §  •_',  S  > 

■jquity  will  enjoin  removal  of  lateral  supp  >rt  when.  ...  .6,  p.  43 iL',  §  27S,j 
contributory  negligence  of  adjoining  owner  a  bar  to  action 

for  removing  lateral  support 0.  P-  4543,  <§  2(!:>() 

owner  of  surface  of  land,  entitled  to  support  of   land  anu 

buildings  from  person  owning  mines  below 0,  ]     4314,  §  2,87 

and  liable  to  mine  owner  for  injury  for  dia'aing  his  land 

into  mine «.  P-  45»3,  §2787 

measure  of  damages  in  actions  for  removing  lateral  support 

of  laud 0,p.431G,§27SS 

Ecclesiastical  Law. 

See  Eeligious  SoriETiES, 
Editor. 

See  NEWSPAPEna. 
Ejectment.     See  Railpoads. 

ejectment  at  common  law  described 7,  p.  3703,  §  3 ,  OG 

lies  to  recover  the  possession  of   lands,  with   damages   and 

costs  for  the  wrongful  withholding  of  them 7,  p.  3799,  §  3707 

is  the  principal  method  in  modern  use  for  trying  titles  to 

land 7,  p.  5790,§3707 


6524 


EJECTMENT — ELECTIONS. 


Ejectment— (Continued. ) 

in  code  states,  it  is  cnown  as  an  action  for  the  recovery  of 

land 7,  p.  57C9,  §  3707 

for  what  will  ejectment  lie,  and  for  what  will  ejectment  not 

lie 7,  p.  5709,  §3704 

ejectment  will  lie  for  taking  land  by  railroad  without  ten- 
dering I  onipensation 2,  p.    90.',  §    EuS 

cjpctment  will  lie  for  right  of  way  hy  railroad 2,  p.     f  95,  §    556 

riglit  of  mortgagor  to  hring  ejectment 6,  p.  4923,  §  303i 

right  of  mortgaj^ee  to  hring  ejectment 6.  p.  4924,  §  3033 

what  evidence  necessary  and  admissible  in  action  of  eject- 
ment  7,  p.  5S02,  §3703 

what  title  sufficient  to  supjjort  action 7,  p.  5806,  §  3709 

who  may  and  who  may  not  bring  ejectment 7,  p.  5S0G,  §  37G9 

who  necessary  and   proper   parties   plaintifT  in   action  of 

ejectment 7,  p.  5S10,  §3710 

who  necessary  and  proper  parties  defendant  in  action  of 

ejectment 7,  p.  5814,  §3711 

defense  to  actim  of  ejectment 7,  p.  5S1G,  §  3712 

right  of  defendant  in  ejectment  to  recover  value  of  im- 
provements made  by  him 7,  p.  5822,  §  3713 

effect  of  judgment  for  plaintiff  in  action  of  ejectment. 7,  p.  5S24,  §  3714 
ejectment  will  lie  agaiust  lessee  of  lands  or  buildings  or 

rooms 6,  p.  4(500,  §  2S81 

against  what  tenants  will  cjoctmcnt  not  lie 6,  p.  4G9G,  §  2SS1 

payment  of  ground  rent  cannot  be  enforced  by 6,  p.  4G9f),  §  2831 

previous  demand  neces'^ary  when 6,  p.  4G97,  §  2SS2 

tenant  cannot  enjoin  ejectment  by  lessor 6,  p.  4G97,  §  2882 

who  may  and  who  may  no*  bring  action 6,  p.  4097,  §  2S82 

ejectment  will  lie  by  third  person  against  tenant  in  pos- 
session  6,  p.  4G9S,  §  2S83 

who  are  proper  and  necessary  parties  in  actions  of  eject- 
ment  6,  p.  4098,  §2883 

when    judgment     against     tenant    conclusive   on    land- 
lord  6,  p.  4Gns,  §2883 

recovery  cf  mesne  profits  in  actions  of  ejectment G,  p.  4C99,  §  2884 

Election. 

Sec  CoN'Tn.vcT><,  8;   ConpoRATiOMS,  5;    False  Represext- 
ATIONS;   WiM.s,  G. 

right  of  election  between  assumpsit  and  tort 7,  p.  5752,  §  3094 

election  by  wife  to  accept  legacy  in  lieu  of  dower C,  p.  1417,  §    773 

Evictions. 

tsie  DoMirrr.E. 

right  to  vote  not  a  natural  right 7.  p.  C0.')2,  §  3S37 

women  have  not  right 7.  p.  GU52,  §  3S37 

each  state  has  right  to  prescribe  qualifications  of  its  own 

voters 7,  p.  C052,  §3837 


e: 

E: 
E] 


ELECTIO^'S — EilTNENT  DOMAIN.  6525 

Electioncj— (Continued.) 

citizenbhip  ami  right  to  vote  are  neither  identical  nor  in- 
separable  7,  p.  G052,  §3837 

statutes    regulating    mode    of    conducting     elections    are 

directory 7,  p.  5073,  §  3798 

in  action  to  determine  riglit  to  office,  evidence  beyond  re- 
turns and  ballot  l)oxe3  admissible 7,  p.  GOll,  §  3818 

offor  to  electors  to  perform  office  for  less  than  salary,  avoids 

election 7,  p.  50S2,  §  3S04 

registration  laws  valid  when  reasonable 7,  p.  C053,  §  3833 

invalid  where  they  make  race  or  class  distinctions,  or  which 
provide  for  payment  of  special  tax  as  prerequisite, 
or  which  increase  tima  of  reiidenoe  required  by  con- 
stitution   7,  p.  G053,  §  3833 

Btati'*'  s  absolutely  depriving  voter  of  vote  unless  regis- 
ter d,  void 7,  p.  6054,  §383  3 

Btatui,>  ,  requiring  officpr  to  mark  ballots  void 7,  p.  6054,  §  3S33 

judges  of  election   not  liable  to  an  action  for  mere  errors 

of  judgment  7,  p.  6013,  §3820 

w.ifds  spi  ken  of   candidates  for  olfice,  advising  electors  of 

cha.  ictcr  of  candidate,  are  piivilegcd 3,  p.  2333,  §  129() 

Elovator. 

landlord  is  liable  for  injury  caused  by  defective  eleva- 
tor in  building 0,  p„  4G21,  §2829 

Embargo. 

See  Insurance. 
Emblements. 

See  also  Landlord  and  Tenant. 

right  of  tenant  to  emblements 0,  p.  4373,  §  2GS2 

what  crops  may  be  claimed  as  emblements 6,  p.  4;{74,  §  2GS2 

custom  m.iy  give  right  to  emblements 6,  p.  4;}74,  §2082 

how  rij^ht  to,  forfeiied  by  tenant 6,  p.  4375,  §  2GS2 

Eminent  Domain. 

eminent  domain  defined;  who  may  exercise  right  of 7,  p.  GIOS,  §  3884 

right  to  destroy  property  to  prevent  spread  of  fire 7.  p.  CI  10,  §  2384 

property  may  be  taken  only  for  public  use;  what  is  a  "public 

"se" 7,  p.  0112,  §.']SSj 

whab  is  not  a  "public  use" 7,  p.  C114,  §  38S5 

what  is  or  is  not  i)ublic  use  for  which  property  m;iy  be  con- 

deiniie  I  a  question  of  law , .  .7,  p.  0115,  §  3SS5 

state  deuide-i  on  necessity  of  taking 7,  p.  (11 10,  §  .'iSSG 

only  as  much  pr.perty  as  is  nicessary  can  bo  taken 7,  p.  Gl  17,  §  SSSG 

what  [ir  iperty  ni:iy  or  may  not  be  taken 7,  p.  GI  IS,  §  3SSi 

meaoure  of  damages  on  taking  of  pro[)erty  under  ri^dit  of 

eminent  domain 7,  p.  G121,  §  3SS8;  7,  p.  G13'),  §3898 

in  takin.,'  by  nil  roads 7.  p.  GI'22,  §  3SS9 

in  ac  ion  for  wron:.;fuI  entry 7,  p,  GlOO,  §  3903 

LAWiio.N  U.  ii  U.  — 45K> 


6526 


EMINENT  DOMAIN. 


Eminent  Domain— (Continued.) 

mere  incidental  injuries  cannot  be  recovered  for 7,  p.  G125,  §  3890 

the  interest  appropriated  only  an  easement 7,  p.  Gl'27,  §  3S01 

wliere  property  once  taken  is  taken  a;,'ain  for  new  use,  owner 

entitled  to  new  damages;  what  is  a  "new  use"   .7,  p.  C127,  §  3S92 
legislature  may  empower  cue  railroad  to  cross    track   of  an- 
other railroad 3,  p.  1003,  §  5G1;  2,  p.  1004,  §    5C5 

may  authorize  building  of  railroad  in  streets  without  com- 
pensating niunicii-ality,  and  without  its  consent. .2,  p.  1003,  §    505 

what  is  not  inciUiled  in  assessment  of  dainiiges 7,  p.  (illlS,  §  "S'JS 

M'ho  is  entitled  to  compensation 7,  p.  G\'J%  §3S()1: 

wlio  is  included  in  word  "owner'' 7,  p.  01 '-!!),  §  IWJ 1 

right  to  take  is  conditional  on  making  compensation. .  .7,  ]>.  Gl.'»l,  §  3s95 
tribunal  must  be  provided  for  as-iessing  onipont-ation.  .7,  p.  0131,  §  3SU5 
mode    of    assessing    damages    discretionary   with    legisla- 
ture   7,  p.  GI 3-.',  §  3  -iOj 

duties  of  commissioners 7,  p.  G132,  §  3S95 

attempt  must  first  be  made  to  agree  on  amount  with  own- 
er  7,  p.  G132,  §3395 

statutory  retpiisites  to  exercise  of  power  must  be  stri  tly 

pursued 7,  p.  01.33,  §  .3893 

procedure  under  the  statutes 7,  p.  G133,  §  3S95 

procedure  must  be  brought  in  county  where  land  lo- 
cated  7,  p.  0133,  §  .3895 

land  owner  entitled  to  notice 7,  p.  G133,  §  3S95 

damages,  whether  prospective  or  otherwise,  must  all  be  re- 
covered in  one  action 7,  p.  01.34,  §  3S95 

jury  should  consider  what 7,  p.  G134,  §  3895 

damages  should  be  ascertained  under  laws  in  force  at  time 

proceedings  begun 7,  p.  G1.34,  §  3805 

owner  may  have  the  right  to  demand  reassessment 7,  p.  C134,  §  3S93 

vested  right  to  damages  does  not  exist  until  tinal  confirnia- 

tion  of  commissioners'  report 7,  p.  0134,  §  3S95 

right  to  improvements  on  land  made  by  party  before  or 

pending  proceedings  to  condemn 7,  p.  0140,  §  3S97 

benefits  to  owner  resulting  from  public  work  may  be  sot  olF 

against  damages  when 7,  p.  0 142,  §  3893 

payment  must  precede  appropriation  when 7,  p.  0141,  §  3S99 

validity  of  proceedings  in  eminent  domain  cannot  be  at- 
tacked ccdlaterally 7,  p.  0140,  §  3900 

owner  accepting  damages  assessed  estopped  to  afterward 
assert  that  condemnation  proceedings  were  irregu- 
lar or  void 7,  p.  014G,  §3901 

OP  from  afterward  denying  that  he  consented  to  the  tak- 
ing  7,  p.  0147,  §3931 

certiorari  the  ])roper  mode  to  take  advantage  of  defects  in 

proceedings  to  condemn  land 7,  p.  6147,  §  3932 


EMINENT  DOMAIN — ESCROW.  6527 

Eminent  Domain— (Continued.) 

eciuity  will  enjoin  taking  of  land  under  power  of  eminent 

domain  wlien 7,  p.  0148,  §  3902 

when  state  has  failed  to  provide  remedy,  injured  party  may 

sue  for  damages 7,  p.  G149,  §3902 

owner  may  maintain  ejectment  wlien 7,  p.  G140.  «  ZM2 

statutory  remedy  provided  in  most  of  the  states 7,  p.  (  i49,  §  3902 

where  entry  on  land  is  allowed  before  compensation,  statutory 

remedy  exclusive  of  remedies  at  connmm  law. .  .7,  p.  G149,  §  3902 
alUer  those  iu  which  compensation  is  rctpiircd  to  he  made 

hefore  the  company  can  enter 7,  p.  G149,  §  3902 

satisfying  iudgment  for  trespass  does  not  give  company  title 

to  the  land 7,  p.  G1.10,  §3902 

wrongful  entry  no  Lar  to  proceodiiig^  to  condcnm 7,  p.  Gl  jO,  ?  3902 

appeals  from  damages  awarded   in  eminent  domain  procred- 

inga,  practice  on 7,  p.  G151,  §  3904 

right  to  -ibandon  proceedings  already  commenced 7,  p.  G1.V2.  §  3903 

liability  for  abandoning  proceedings  already  commenced. 7,  p.  (ilo'2,  §3905 
owner  by  his  laches  may  lose  right  to  prevent  entry  of  land 

under  eminent  domain 7,  p.  Gl."3,  §  3906 

dower  barred  by  exercise  of  right  of  eminent  domain. .  .2,  p.  141S,  §    775 
Enticing  Servant. 
I  See  Mastkr  and  Servant,  2. 

Entire  Contracts. 

See  Master  and  Servant,  1. 
Entirety. 

tenancy  by  entirety,  what  ia 2,  p.  1 3.'  6,  §    742 

Entry. 

light  of  person  to  enter  lands  and  dispossess  intruder.  .3,  p.  17G6,  §  1036 
Equitable  Assignments. 

See  ASSKINMKNTS. 

Equitable  Mortgages. 
See  Mortgages,  2. 

"Equities." 

what  are  "equities" 4,  p.  2733,  §  1534 

Equity.     See  the  various  titles. 

Equity  of  Redemption. 
See  Moutgagrs,  1,  4,  8. 

E3cheat. 

estate  of  intestate  person  without  heirs  goes  to  state. .  .6,  p.  4392,  §  2G94 

what  interests  in  estates  may  be  e-cheated 6,  p.  4392,  §  2(')di 

requisites  of  inquisition  of  escheat 6,  p.  4392,  §  2G94 

l)erson  dying  presumed  to  leave  heirs 6,  p.  4393,  §  2694 

Escrow. 

what  is  a  delivery  in  escrow. 5,  p.  3817,  §  2277 

when  condition  is  performed  deed  takes  effect  from  deliv- 
ery  5,  p.  3817,  §  2277 


6528 


ESCROW— ESTOPPEL. 


Escrow— (Con  tinned. ) 

excci)tions  to  this  rule 5,  p.  3S17,  §  2277 

delivery  in  escrow  must  be  to  third  person 5,  p.  3818,  §  2277 

condition  may  be  in  writinif,  or  be  proved  by  parol,  or  be 

partly  in  writing  and  partly  oral 5,  p.  3S19,  §  2277 

no  tttle  vests  in  grantee  who  obtains  iiosacssion  of  escrow 

wi  hout  performance  of  conditicm 5,  p.  3819,  §  2277 

bona  fide  purchaser  from  him  after  du?ih  of  grantor  acqn  res 

no  title 5,  p.  3819,  §2277 

depositary  of  escrow  limited  strictly  to  conditions  of  de- 
posit  5,  p.  3819,  §  2277 

grantor  not  C3toi)ped,  where  he  has  acted  on  belief  that  con- 
dition had  been  performed,  from  setting  up  invalidity 

of  deed 5,  p.  3319,  §  2277 

Estates. 

at  will,  see  Landlord  and  Tenant,  1. 

by  snfiferance,  see  Landlord  and  Tenant,  1, 

in  fee,  see  Ural  Propkrty,  3. 

in  tail,  see  Ekal  PRorERTY,  3. 

for  life,  see  Keal  Proptrtv,  3. 

for  years,  see  Landlord  and  Tenant,  1. 
Estoppel. 

See  Contrirdtory  Neoligenct!. 

title  by  estoppel  6,  p.  440S,  §  2701 

person  cannot  contradict  his  own  deed 6,  p.  440S,  §  2701 

person  afterward  obtaining  title  to  land  previously  con- 
veyed by  him 6,  p.  4408,  §  2701 

estoppel  extends  to  all  persons  claiming  nnder  grantor.  .6,  p.  4409,  §  2701 

equitable  estoppel,  or  estoppel  in  pain,  whore  person,  by  his 

conduct  or  words,  has  induced  others  to  act 6,  p.  4409,  §  2701 

person  standing  by  and  permitting  amotber  to  buy  his  prop- 
erty  6,  p.  4410,  §  2701 

person  permitting  another  to  make  improvements 6,  p.  441C,  §  2701 

must  be  deception  in  conduct  or  declarations  of  party  to 
be  estopped,  or  such  gross  negligence  as  to  amount  to 
constructive  fraud 6,  p.  4410,  §  2701 

state  is  not  estopped  by  its  grants 6,  p.  4412,  §  2701 

recitals  in  df-ed  estop  parties  and  privies  from  contradicting 

them 5,  p.  3338,  §  2284 

acts,  declarations  or  dealing  by  insurers  with  knowledge  of 
facts  constituting  breach  of  condition  of  policy, 
waiver  of  such  breach,  and  estops  insurers  from  set- 
ing  it  up  in  defense 5,  p.  3554,  §  2083 

in  what  cases  is  a  mortgagee  estopped  from  setting  up  kis 

mortgage 6,  p.  4930,  §  1040 

party  making  representation  on  which  aiiothtr  acts  may  be 

estopped  to  deny  its  truth 5,  p.  3747,  §  2225 


701 


ESTOPPEL.  6529 

Estoppel  -(Continued. ) 

stockholder  not  estopped  by  hia  subscription  to  deny  lawful 

existence  of  a  corporation 1,  p.    732,  §   43S 

person  dealing  with  corporation  as  su  jh  estopped  to  deny  its 

incorporation 1,  p.    CU,  §    3U 

corporation  not  estopped  from  denying  corporate  existence 
by  having  done  acts  which  might  have  been  done  by 
unincorporated  body 1,  p.    611,    §    344 

guardian  estopped  from  denying  legality  of  his  appointment 

where  he  has  accepted  office 2,  p.  1G06,  §    8S8 

partner  entering  into  contract  in  the  name  of  firm  estopped 

to  deny  authority 2,  p.  1215,  §    645 

bailee  cannot  dispute  owner's  title 4,  p.  2913,  §  1701 

bank  estopped  by  receiving  its  forged  bills  to  deny  their 

validity 2,  p.    966,  §    536 

owner  allowing  company  to  take  possession  of  lands,  es- 
topped to  take  advantage  of  irregularities 2,  p.    991,  §    551 

estoppel  as  applicable  to  assignments    of    quasi-negotiable 

paper 7,  p.  5419,  §  3441 

stranger  to  title  cannot  invoke  an  equitable  estoppel  aj r,inst 

plaintiff  in  ejectment 7,  p.  5826,  §  3714 

one  who  executes  contract  for  purpose  of  defrauding  an- 
other will  not  be  protected  against  it  when  used 
against  himself 5,  p.  3939,  §  2353 

party  affirming  contract  v  oidable  for  fraud  cannot  afterward 

elect  to  revoke  it • 5,  p.  3Q40,  §  23C1 

party  does  not  become   responsi!)le   for  debt   by  his   silence 

when  notified  that  he  is  charged  with  it 5,  p.  3972,  §  23S1 

remedy  of  cestui  que  trust  against  trustee  for  breach  of  trust 
may  be  barred  by  concurrence  of  c'stui  que  trunt  or 
acquiescence  after  full  knowledge 4,  p.  3476,  §  2035 

nnproductive  suit  on  guardian's   bond  not  an    estoppel  upon 

ward  for  recovery  of  property  or  value 2,  p.  1594,  §    881 

assent  of  party  to  nuisance  will  not  take  away  right  after- 
ward to  abate  it 3,  p.  17G2,  §  1033 

puCPer  may  hold  property  as  against  owner 1,  p.    382,  §    220 

attorney's  neglect  if  condemned  by  client   will  not  prevent 

his  recovering  for  services 1,  p.    342,  §    205 

one  inducing  agent  to  exceed  his  authority  cannot  hold  iiim 

liable 1,  p.    153,  §    110 

corporation  bound  by  estoppel  in  jnus  like  natural  per- 
sons  r 1,  p.    655,  §    387 

plea  of  justilioation  in  libel  estops  defendant   from  showing 

that  it  was  published  under  a  mistake 3,  p.  2305,  §  1280 

owner  accei>ting  damages  assessed,  estopped  to  afterward 
assert  that  condemnation  proceedings  were  irregular 
or  void 7,  p.  6G46,  §  3901 


6530  ESTOPPEL — EVIDENCE. 

Sstoppel— (Continued. ) 

or  from    afterward   denying  that  he  consented  to  the 

taking 7,  p.  6147,  §  3901 

Svidence. 

to  sustain  wills,  see  Wiixs,  4. 

1.  Admissions;  Dix'lauations;  Confessions. 

2.  BuuDE.v  OF  Proof. 

3.  .Tf  nioiAL  Notice. 

4.  Law  AND  Fact. 

6.  Opinions;  Experts. 

6.  Pabol  Evidence  and  Evidence  to  Vary  "Wbitino. 

7.  Pkesumptions. 

8.  ruivii-EOEi)  Co.m:v'unications. 

9.  Pveputation;  Character. 

10.  Witnesses. 

11.  MiSCELLANEOnS. 

12.  EviDKNCE  Relevant  in  Particflar  Actions. 
1.  Admixtiiou-i  and  Deciu-ationx;  Confoisioni*. 

admission  or  declaration  by  one  partner  concerning  partner- 
ship affairs  binds  partnershij) 2,  p.  1224,  §    643 

aliter  as  to  matters  outside  purposes  of  partnership,  .2,  p.  l^"A,  §    648 

answer  and  admission  of  one  partner  in  garnishment  will 

bind  other 2,  p.  1225,  §    648 

declarations  of  partner  as  to  who  compose  firm  not  admissi- 
ble against  other  partners 2,  p.  1225,  §    648 

entries,  admissions  of  indebtedness  on  part  of  firm  making 
them,  do  not  bind  one  who  has  retired  from  the  firm 
before  made 2,  p.  1225,  §    643 

admissions  and  declarations  of  partners  after  dissolution  do 

not  bind  firm 2,  p.  1253,  §    676 

implied  power  of  agent  to  make  admissions 1,  p.    102,  §      67 

implied  power  of  attorney  to  make  admissions 1,  p.    2S0,  §    170 

declarations  of  ligent  of  firm  that  person  was  partner  does 

not  bind  him 2,  p.  1190,  §    630 

agent's  authority  cannot  be  proved  by  his  declara- 
tions  1,  p.      15,  §      12 

nor  can  special  agent  enlarge  his  authority  by  his  state- 
ments   1,  p.      15,  §      12 

agent's  declarations  before  he  was  appointed,  or  after  author- 
ity withdrawn  or  not  within  scope  of  the  ageuny,  do 
not  bind  principal 1,  p.      15,  §      12 

printed  terms  of  sale  cannot  be  varied  by  parol  declarations 

of  auctioneer 1,  p.    362,  §    215 

evidence  of  declarations  of  conspirators,  when  admis- 
sible   3,  p.  1797,  §1049 

of  wife  not  admissible  in  action  by  husband  for  enticing 
'  away 3,  p.  1920,  §1108 


the 

,  p.  G147,  §  3901 


sr- 


p- 

1224,  §  648 

p- 

1?%  §  648 

ill 

P- 

1225,  §  648 

31- 

P- 

1225,  §  648 

ng 

rm 

P- 

1225,  §  643 

do 

P- 

1253,  §  676 

P- 

102,  §   67 

P- 

2S0,  §  170 

63 

P- 

1190,  §  639 

•a- 

P- 

15,  §   12 

e- 

p. 

15,  §   12 

r- 

lo 

P- 

15,  §   12 

ns 

P- 

362,  §  215 

s- 

P- 

1797,  §  1049 

'g 

P- 

1920,  §  1108 

EVIDENCE. 


6531 


Evidence  — (Continned. ) 

declarations  of  testator  as  to  will,  when  and  when  not  ad- 
missible  6,  p.  5180,  §  3211 

of  legatees  as  to  will,  when  and  when  not  admissible.6,  p.  51S2,  §  3212 
proponent's  declarations  inadmissible  to  defeat  probate  of 

will 6,  p.  5172,  §  3204 

declarations  of  garnishee  to  disprove  answer,   when  admis- 
sible  7.  p.  5013,  §3033 

of  wife  not  admissible  in  action  of  crim.  con 3.  p.  1920,  §  1108 

2.  I^unlen  of  Proof. 

on  agent  to  show  that  purchase  by  him  of  principal's  prop- 
erty is  valid 1,P-    139,  §     93 

on  attorney  to  show  that  contract  with  client  is  fair 1,  p.    345,  §    206 

to  show  that  communication  to  attorney  was  privileged..  1,  p.    242,  §    146 
to  show  that  communication  to  physician  was  privihgt'd.  1 ,  p.  238  «,  §    146 
loss    or  damage    being  proved,    burden    is    on  the    inn- 
keeper to  show  valid  excuse 1,  p.  3059,  §  1782 

burden  is  on  carrier  to  prove  that  loss  of  goods  arose  from 

cause  for  which  he  is  not  responsible 4,  p.  3193,  §  ISGO 

burden  is  on  carrier  to  prove  contract  restricting  liabil- 
ity  4,  p.  3193,  §  ISGl 

burden  is   on  carrier  to  show  that  loss  is  within  cxceijted 

cause 4,  p.  3193,  §  18G1 

on  loss  being  shown  to  fall  within  exception,  burden  is  on 

shipper  to  prove  negligence  in  some  states 4,  p.  3194,  §  1862 

in  others  burden  is  on  carr  er 4,  p.  3194,  §  1862 

burden  of  proof  upon  plaintiff  to  show  that  bailee  has  been 

guilty  of  negligence 4,  p.  2917,  §  1705 

in  other  states  fact  that  such  goods  were  placed  in  his  hands 
in  good  condition  and  are  returned  damaged,  or  not 
returned  at   all,    raises  presumption   of    negligence 

which  defendant  must  explain 4,  p.  2917,  §  1705 

COri)oration  which  sets  up  lack  of  power  to  do  particular  act 
within  scope  of  general  powers,  has  the  burden  of 

proving L  P-    C24,  §    352 

burden  of  showing;  that  contract  of  corporation  exceeds  its 

corporate  powers  rests  on  party  objecting 1,  p.    624,  §    352 

burden  of  proving  dissolution  of  partncrsliip  on  person  alleg- 
ing it .....2,  p.  1242,  §   671 

where  borrosver  has  opportunity  to   count  money  burden 

of  proving  mistake  is  on  him 2,  p.    936,  §    529 

burden  of  proof  of  gift  of  chattel  is  on  claimant 3,  p.  2400,  §  1324 

burden  of  proof  of   undue  influence  exercised  over  testator 

on  party  alleging  it 6,  p.  5177,  §  3209 

burden  of  proof  that  died  duly  recorded  was  never  deUv- 
ered  is  on  grantor  in  action  of  ejectment  against  in- 
nocent purchaser 5,  p.  3810,  §2276 


6532 


fiVIDENCE. 


Evidence— (Continued.) 

burden  of  proof  of  execution  of  will  is  on  profono-.t. .  ..6,  p.  5108,  §  319(5 

party  plcadin;,'  payment  must  i)riive  it 6,  p.  4100,  §  SfiSG 

on  defeiulant  to  prove  trutli  of  defamatory  words. . .  .3,  y.  'J'297,  §  1280 

of  malice  in  action  for  dtfamation  is  on  plaiiiti(r 3.  p.  "JH.VJ,  §  1.101 

of  sale  of  intoxicating  licpiora 3,  p.  IDlJS,  §  1139 

in  action  a;^:iiust  railroad  for  killing  stock 3,  p.  2.J41,  §  1410 

defendant  need  not  deny  amount  of  value  or  allegation  ot 

damages 7,  p.       t2,  §  3G50 

burden  of  proof  of  change  of  domicile  upon  party  alleging 

it 7,  p.  coca,  §  3849 

of  negligence  in  medical  man  is  on  plaintiDF 7,  p.  CIGG,  §  3911 

3.  Judicial  Notice. 

of  public  laws  only  courts  take  judicial  notice 1,  p,    010,  §    344 

in  construing  statute  court  will  judicially  notice  its  con- 
temporary history 7,  p.  5923,  §  3773 

court  will  not  take  judicial  notice  of  usury  laws  of  another 

state 6,  p.  4094,  §  2407 

of  meaning  of  defamatory  words  when 3,  p.  2204,  §  1241 

of  navigability  of  large  rivers 6,  p.  4778,  §  2927 

charter  or  act  of  incorporation   of  municipality  will  be  ju- 
dicially noticed 7,  p.  01  So,  §  3924 

aUter  as  to  ordinances  and  by-laws 7,  p.  G1S5,  §  3924 

4.  Law  ami  Fact,     (a.)  Questions  of  Lnw for  dnirl. 

question  of  probable  cause  in  malicious  prosecution. . .  .3,  p.  1003,  §  1102 

whether  case  is  one  for  exemplary  dainngos 3,  p.  210."),  §  1219 

whether  railroad  bound  to  fence  at  particular  place. .  .  .3,  j).  2539,  §  1415 
what  is  reasonable   time  for  passenger  to  remove   his  bug- 
gage 4,  p.  3328,  §  1954 

whether  particular  regulation  of  carrier  is  or  is  not  reason- 
able  4,  p.  3240,  §  1 S97 

reasonableness  of  an  ordinance 7,  p.  G'241 ,  §  3931 

what  constitutes  public  policy,  and  what  contravenes  it. 5,  p.  SOSS,  §  2.''')2 
what  is  and  what  is  not  negligence. 3,  p.  2149,  §  1214;  3.  p.  2155,  §  1215 

construction  of  contracts  in  writing 5,  p.  3SS3,  §  2315 

what  is  or  is  not  i-easonablo  time  within  which  party  may 

rescind  a  contract 5,  p.  4244,  §  2579 

whether  sum  mentioned  in  agreement  to  be  paid  for  breaih  is 

penalty  or  liquitlated  damages 5,  p.  4318,  §  2043 

whether  there  has  been  delivery  of  deed  or  not 5,  p.  3813,  §  2270 

force  and  legal  etlect  of  a  deed 5,  p.  38.37,  §  2282 

what  is  reasonable  time  for  presentment  of  bill  or  note.  .4,  p.  2C52,  §  ].'>11 

whether  evidence  proves  a  tenancy 6,  p.  45Ga.   ;  :,:/y7 

in  libel,  whether  communication  privileged  by  reason  of  the 

occasion  on  whi  jh  it  was  spoken 3,  p.  2307,  §  1281 

whether  act  charged  is  a  crime,  whether  words  are  or  are 

not  libelous 3,  p.  2377,  §  1308 


EVIDENCE. 


6533 


Evidence— (Continued. ) 

wliutlicr  comnumiciitlon  privileged 3,  p.  2373,  §  1303 

(h).  QueHtiuii  of  fad  for  jury. 

what  is  and  what  is  not  nejjligcnce.  .3,  p.  2149,  §  1214;  3,  p.  2ir)r),  §  1215 

what  cciustitutes  intoxication 3,  p.  11)<>8,  §  1140 

amount  of  damage  against  attorney  for  negligence 1,  p.    3()'J,  §    180 

whether  attornty  was  negligent 1.  P-    303,  §    ISI 

whether  railroixd  fence    was  secure;  at  whiit  place  accident 
happened;   whether  injury  was   result  of  failure  to 

fence •- 3,  p.  2530,  §  1415 

acceptance  of  check 2,  p.    942,  §    531 

di&puto  between  depositor  and  hank  as  to  correctness  of 

entry 3,  P.    931.  §    523 

whether  relation  of  master  and  servant  or  principal  and 

agent  exists l,  P-    51 3,  §    -94 

whether  relation  of  landlord  and  tenant  exists 6,  p.  4508,  §  2797 

whether  there  was  an  eviction 6,  P-  4()S(),  §  2873 

whether  structure  a  party  wall 6.  P-  4549,  §  2789 

whether  ijossession  is  adverse 6,  p.  4406,  §  2700 

whether  stream  is  navigable 6,  P-  4780,  §  29*29 

acceptance  of  charter  by  grantee 1.  P-    0(15,  §    339 

as  to  who  are  parties  to  a  contract 5,  p.  3973,  §  2:iS2 

whether  or  not  paper  has  been  altered 5,  p.  409S,  §  2409 

whether  alteration  made  before  or  after  delivery  of  in- 
strument   5,  p.  4099,  §  2471 

whether  circumstances  imply  promise  from  parent  to  pay  for 

articles  purchased  by  cliild 2,  p.  1491,  §    820 

whether  damages  are  proximate,  or  speculative  and  re- 
mote  3,  p.  175G,§1032 

meaning  of  words,  what  was  their  applicaticn,  in  what  sense 
were  they  used  by  defendant  and  understood  by 
hearers,  and  to  whom  were  they  uttered  to  re- 
fer  3,  p.  237G,  §1308 

question  of  malice 3,  p.  23,7,  §  1308 

whether    words    were    spoken    of    plaintilT   in    the    way 
of  his  business;   whether  publication    is   true     and 
correct  narrative  of  ^uasj- judicial  pro:;ecdings.  .3,  p.  2377,  §  1303 
5.  Opinions;  Experts. 

of  attorney  that  communication  was  a  privileged  one. . .  1,  p.    242,  §    147 
of  witness  that  woman  was  fond  of  man  inadmissible.  .3,  p.  1920,  §  1103 
identity  of  animal  may  be  ijroved  by  the  opinion  of  wit- 
ness   3,  p.  2493,  §  1381 

opinions  as  to  meaning  or  application  of  defamatory  words, 

when  admissible 3,  p.  2207,  §  1241 

evidence  in  mitigation  of  damages  that  it  was  general  opin- 
ion that  facts  charged  were  true,  not  admissible,  un- 
less defendant  knew  such  general  oi)inion 3,  p.  2305,  §  1280 


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6534 


EVIDENCE. 


Evidence— (Continued. ) 

opiuiuu  of  persons  not  experts  as  to  testator's  mental  cupa- 

city 6,  p.  5175,  §  3206 

volne  of  lcf;al  servii-e^  provable  by  opinion  of  lawyers. .  1,  p.    327,  §    198 
6.  Parol  Eri'lriicc  and  LVulci.ce  to  Vary  Writimj. 

written  contract  cannot  be  varieil  by  parol  evi-lence..  .  .5,  p.  3*^81,  §  2^10 

exceptions:  to  prove  the  agreement 6,  p.  3831,  §  2310 

to  show  a  condition 5,  p.  3881,  §  231 1 

to  show  a  collateral  agreement 6,  p.  3S81,  §  231 1 

to   show   identity  of   persons  dnr^cd   with    the   pjirtios 

named  and  (loscribed  in  the  docnincnt 5,  p.  3882,  §  2311 

to  point  out  property  de.«cribe<l  in  contract 5,  p.  3S82,  §  231 1 

to  siiow  th;it  contra',  t  was  made  subject  to  a  usage  of 

trade 6,  p.  3SS2,  §  231 1 

to  show  want  of  or  fa  ^.;rf^  .')f  \:on3iderati()n 6,  p.  38S2,  §  2312 

to  explain  latent  om'   ::-   ty 5,  p.  3SS2,  §  2313 

but  not  patent  ambiguit;/ 6,  p.  3SS2,  §  2313 

to  prove  that  agreement    .^"i\  entered  into  under  miHtahc 

or  ai'eideiit 5,  !>.  3SS3,  §  2314 

that  it  vva3  induced  by   !.  .■'.U(^  or  duress,  or  improper  in- 

liuence  of  one  of  tho  parties 6,  p.  3883,  §  2314 

that  it  was  made  in  furtherance  of  illegil  object 5.  p.  3883,  §  2314 

bill  or  note  absolute  on  faee  cannot  be  altered  by  a  verbal 

agreement  made  at  th'^  time  between  the  parties. .4,  p.  2C16,  §  1470 

vhat  cannot  be  shown  by  parol 4,  p.  2G1C,  §  1476 

extrinsic  evidence  admissible  (as  between  immediate  par- 
ties) to  prove  absence,  or  failure,  or  illegality  of  con- 
sideration   4,  p.  2G17,  §  1477 

when  particular  consideration  expressed, extrinsic  evidence 

not  admissible  ti>  prove  diO'erent  consideration. .  .4,  p.  2017,  §  1477 

other  cases  when  parol  evidence  admissible 4,  p.  2(il8,  §  1477 

bill  of  lading  cannot  be  contradicted  by  parol  evidence. .4,  p.  3175,  §  18o2 
parol  evidence  admissible  to  show  that  paper  was  never  ac- 
cepted as  contract  between  parties 4,  p.  3170,  §  1853 

collateral  agreement  may  be  shown  by  parol 4,  p.  31 7(!,  §  18.")3 

BO  shipper  may  show  frau<l,  mistake  or  duress 4,  p.  3170,  §  1853 

bill  of  lading  being  both  a  receipt  and  a  contract  may  be,  as 

to  former,  varied  by  parol 4.  p.  3170,  §  1853 

parol  evidence  not  admissible   to  add  to,  vary,  or  contradict 

liability  of  surety  on  bond 7,  p.  5790,  §  3704 

contract  required  by  statute  of  frauds  to  be  in  writing  can- 
not ba  modified  by  parol 6,  p.  38S8,  §  2321 

error  in  date  may  be  corrected  by  parol  evidence  if  mort- 
gage not  under  seal;  if  mortgage  undated,  such  evi- 
dence permissible  to  show  date  of  execution 6,  p.  4994,  §  3077 

it  may  be  shown  by  parol  that  deed  was  delivered  on  diQ'er- 

ent  day  from  that  ou  which  it  bears  date 5,  p.  3815,  §  2270 


EVIDENCE.  6535 

Evidence  -  (Continued. ) 

written  submission  to  arbitration  not  variable  by  parol. 6,  p.  5276  §  3314 
warranty  of  qu  mtity  of  land  conveyed  cannot  be  proved  by 

parol  evidence 5,  p.  3SC.>.  §  2302 

Bubscrii.t.on  u.  writing  cannot  be  prove  1  by  parol 1,  p.    73s   §    443 

terms  of   written  subscription  cannot  be  varied   or  added 
to. .  - 

parol  evidence  not  admissible  to  prove  a  condition  r-it  con- 

tamed  in  a  subscription  to  stock l    j,     749  §    451 

sealed  release  cannot  be  varied  by  parol 5]  j,".  ^o^ij   §  0575 

mistake  in  names  in  mortgage  may  be  explained  by  par.d.ei  p!  iiisi,  §  301G 
parol  evidence  a.lmissible  to  identify  note   intended  to  be 

.  ,        ««<--»;e'H'y  mort,^-.go 6.  p.  4S91.  §  3019 

intention  of  appmpmting  payment  to   particular  debt  may 

pr.ved  by  pand  evidence 5    p   4007    §  0543 

parol  evi.lence  a-lmissible  to  show   int-ntion  of  purchaser  to 

make  purchase  an  a'lvancement 4.  ,,   3400^  §2010 

presumption  of  advancement  may  be  rebutted  by  par,.1.4.  p!  3122,'  g  2010 
parol    evidence     not    admissible   to    construe'  or  explain 

,.^^'"- ; 6.  p.  iSlS.-;,  §  3219 

exceptions;    atent  ambiguities q,  p.  5187.  §  3220 

not  ttdmi-sible  to  show  mistake  in   drawing  or  expressing 

,    "^'.'I • e.  p.  51S7,  §  3221 

parol  evidence  admissilde  to  remove  doubt  as  to  which  of 
several  similar    religious    bodies  was   intended   by 

,        Y'''°[--: 2.  p.  1157.  §    G23 

when  admissible  to  vary  conditions  of  sale  by  auction. .  .1,  p.  35S,  §    21^ 
where   trust   clearly   establislied  by  written  evidence,  parol 
evidence    not    admissible   to  rebut     it,    but     where 
written    evidence    ambiguous,   parol     evidence   ad- 
missible to  rebut  presumption 4^  „_  337(5   c  loso 

BCcret   trusts  and   onlilences   creitcd    for  purpo.se    of  de- 

frauding  cre.litor.s  may  be  proved    by    parul 4,  p.  3377,  §  1950 

constructive  trust  may  be  proved  Ijy  [  arol 4,  p.  3405'  g  0013 

resulting  trusts  may  in  all  cases  be  i)roved  by  parol. . ,  .4,'  p.  3415^  §  2008 
parol  evidence  to  establish   trust  must  be  clear  and  satis- 

^"'^'"••y 4.  p.  3115.  §20  8 

presumption    of    resulting     trust     may    be     rebutted    by 

,    „  P""""' 4.  p.  3415,  §  2003 

7.  FrcminiitionH. 

that  authority  given  to  an  agent  is  legal  and  to  do  a  legal 

,       .f''* 1.%.  25«,§  23 

of  ratification  of  autliority  from  silence 1,  p.      45   s  4^ 

that  person  dealing  with  public  agent  has  notice  of  his  statu- 

torypowers.      1.  p.    ,82.  §  110 

of  knowledge  of  third  person  of  limiUtion  in  power  of  gen- 

•^"^"S""* l.p.    7I6.§  425 


CciSO  EVIDEXCE. 

Evidence— (Continuofl. ) 

of  Unowlctlye  b^'  tliiril  persons  of  provisions  of  clmrtcr.l,  p.    717|  §    420 
circunistuncos  raising  and  i.ut  raiijing  iire&uniption  of  fraud 
or   bad    faitli  in  making  abbignnicnt,   fur   bunclit  of 

credit  rs 4,  p.  3302,  §  KOI 

that  nttaulnncnt  was  riglilfully  sncd  out 7,  p.  ^520,  §  .SMS 

that  atti  niL'j'  appearing  in  case  is  authorized 1,  p.     SOU,  §    185 

ill  favor  of  aw  ards Oi  p-  5oG2,  §  33.S8 

that  bill  or  note  was  negotiated  at  ineeption,  or  before  ma- 
turity   4,  p.  2723,  §  15G0 

as  to  exact  time  of  negotiation 4,  p.  2723,  §  15G0 

that  holder  of  bill  or  note  a  lioiia  fide  hohler  f i  r  value  w  ith- 

out  notice 4,  p.  2764,  §  1589 

aliter  when  note  was  obtained  by  fraud  or  is  illegal.  .4,  p.  27C5,  §  1590 
possession  of  unindorsed  note  payable  to  particular  person 
by  another  than  payee  presumptive  evidence  of  owner- 
ship  4,  p.  2723,  §  1561 

no  presumption  of  non-2>ayment  of  note  at  maturity. . .  .4,  p.  27S6,  §  1C06 
possession  of  note  by  maker,  or  fact  that  it  is  found  among 
his  papers  after  his  death,  presumptive  evidence  of 

its  payment 4,  p.  27SG,  §  1G06 

presumption   that  money  on  deposit,  to  credit  of  depositor, 

belongs  to  depositor 2,  p.    919,  §    526 

that  ordinary  acts  of  a  bank  cashier  have  been  ratified  or 

authorized 2,  p.    905,  §   523 

of  negligence  from  failure  of  carrier  to  deliver  safely.. 4,  p.  3130,  §  1825 
of  assent  to  conditions   in   notice   restricting  liability    of 

carrier 4,  p.  31G9,  §1847 

from  injury  h  jipening  to  passengers,  of  ne^iligence  on  part 

of  carrier  arises 4,  p.  32G0,  §  1903 

where  goods  in  hands  of  carrier  arc  lofct  or  damaged.. 4,  p.  3193,  §  ISGO 
of  citizenship  from  holding  of  real  estate  or  of  ollice..7,  j).  G0.V2,  S  3S36 

that  corporations  contract  within  their  powers 1,  p.    ()24,  §    352 

that  certificate  of  stock  is  fully  paid  up p.  S25  n,  §    495 

that    otfijcrs  of  corporation  did  not    exceed  their    au- 
thority   1,  p.    CSl,  §   40G 

members  of  foreign   corporation,    in  United  States  court 
presumed  to  bo   citizens  of  state  or  country   which 

created  it 1,  p.    613,  §    346 

of  legality  of  existence  of  corpnration 1.  p.    610,  §    344 

of  acceptance  of  charter  by  persons  api>lyiiig 1,  p.    G04,  §    339 

that  member  of  corporation  knows  by-laws 1,  p.    803,  §    482 

of  surrender  of  charter  from  neglect  for  long  time  to  choose 

corporators  ami  to  exercise  corporate  franchises.!,  p.    844,  §    504 
that  contract  was  intended  to  be  performed  where  made.  5,  p.  4142,  §  2499 
that  alterations,  erasures  and  interlineations  on  face  of  writ- 
ings have  been  made  before  their  execution. .  .5,  p.  4103,  §  2479 


EYIDEXCE.  C537 

Evidence— (Continued.) 

exceptions  to  tlus  rule 5,  p.  4109,  §  2179 

that  deed  in  possessinn  of  grantee  has  Ijecn  deliveied.  .5,  \>.  oSJS,  §  '2'2'!Q 
other    acts    from    which    delivery    of    deed  may   be    pre- 
sumed   6,  p.  3S03,  §  227a 

of  acceptance   of  deed   where   instninu'iit   is    benefiriil  to 

grantee 5,  p.  SS14,  §  2278 

that  deed  was  del.vered  and  takes  clT"c  t  from  date. .  ..5,  p.  .'5815,  g  'J27(J 
that  land  is  situated  in  state  where  deed  was  executed  5,  p.  3S4I,  S  22S5 

of  falsehood  of  defainatory  words 3,  p.  2-97,  §  12  lO 

that  domicile,  once  established,  continues 7,  p.  COdO,  §  .'{^49 

lliat  person  dying  kaves  heirs 0,  p.  4;i9;{,  §  2GII4 

of  gifts  from  delivery 3,  p.  2107,  §  13J9;  3,  p.  24:S,  §  l.'iSO 

of  acceptance  of  gift  by  doirt-e 3.  p.  24ia,  §  1339 

that  personal   property  iu  wife's   possession  belongs  to  hus- 
band  2,  p.  1337.  §    732 

of  continuance  of  insanity  once  proved  to  exist 2,  p.  l.")42,  §    813 

of  acceptance  of  lease  bencticial  to  lessee O,  p.  4577,  §  260i 

that  set  vices  of  children  arc  gratuitous 

C,  p.   I4S3,  §  818;  2,  p.  1405,  §    823 

that  services  arc  rendered  for  hire 1,  p.    445,  §    243 

that  one  found   doing  a<  rvico   fur  another  is  in  his  cm- 
ploy 1,  p.    433,  §    231 

that  api)liance  is  defective   and   servant  injured,  docs  not 

raise  a  prosum[)tioii  of  negligence  on  master 1,  p.    533,  §    302 

that  where  without  new   contract    servant  continues  after 
expiration  of  term,   that  it   's  continued  on  same 

terms 1,  p.    402,  §    2G1 

that  infant  of   fnartecn  years  has  capacity  to  reciigiiizc  and 

avoid  danger 1,  p.    5 19,  §    309 

of  negligence  arises  from  ha[>p<'nir.!T  ('f  accident 3,  p.  2145,  §  1213 

that  happening  of   fire  or  destruction  of   property  does  not 

show  negligence 3,  p.  2447,  §  1354 

that  animals   being    injured   on   track   by   railroad   shows 

negligence 3,  p.  2525,  §  1399 

that  person  acting  as  pul>lic  odii'cr  is  such 7,  p.  5974,  g  37!)9 

that  oHicer  was  elected  accorcliiig  to  jirescribcd  forni..l,  p.    802,  §    481 

that  olliccr  has  exceeded  his  autliority 7,  p.  C91U,  §  3S22 

that  shares  of  partners  in  the   absence   of  an   agreement, 

eciual  . .   2,  p.  1233,  §    CC4 

of  payment  of  mortgage  on  account  of  expiration  of  twenty 

years 6,  p.  4050,  §  3054 

of  acceptance  of  trust  by  cettni  que  trust 4,  p.  3374,  §  1 079 

in  favor  of  validity  of  statutes 7,  p.  5SS5,  §  3745 

of  existence  of  facts  necessary  to  siijiport  statute. . .  .7,  p.  5027,  §  3773 

that  law  c.f  other  states  is  the  common  law 7,  p.  5831,  §3713 

of  X}assagc  of  act  of  legislature 7,  ]>.  5903,  §  3753 


•6538 


EVIDENCE. 


Evidence— (Continued.) 

8.  Pridlcjcd  Comnmnicaliona. 

attoruey  not  conipelloJ  or  permittecl  to  disclose  commnnica* 

tious  with  client 1,  p.    23C, 

privilege  cxtumla  to  books,  papers  and  oral  communica- 
tions   1,  p.    230, 

matters    need    not    havo    been    communicated    in    conli- 

denec 1,  p.    233, 

privilege  not  limited  to  matters  in  suit 1,  p.    239, 

conmiuiiieation  canu'  t  bo  revealed,  even  after  termination 

of  proceeding  where  made 1,  p.    233, 

or  after  relation  of  attorney  and  client  has  terminated  with 

the  leave  of  court 1,  p.    233, 

or  after  death  of  client , 1,  p.    23S, 

rule  where  attorney  acts  for  client 1,  p.    238, 

attorney  who  drew  will  for  testator 1 ,  p.    238, 

client  cannot  be  cc  T>nelled  to  testify 1,  p.    239, 

to  whom  privilege  extends 1,  p.    210, 

matters  which  attorney    cannot    be  compelled  to  testify 

to 1,  p.    240, 

the  burden  on   one  seeking  to  exclude  communications   as 

privileged,  to  show  privilege 1,  p.    242, 

rule  should  he  enforced  by  court,  of  its  own  motion ...  .1,  p.    242, 
opinion  of  attorney  that  communications  are  iirivilegod  en- 
titled to  weight 1,  p.    242, 

exceptions:  cases  in  which  the  privilege  is  not  enforced.  1,  p.    243, 

privilege  may  be  waived  by  client 1,  P-    243, 

physician  forbidden  to  disclose  information   received  from 

patient  in  professional  capacity 1,  p.  237  w, 

prohibition  not  confined  to  communications  madeliy  patient 
to  physicians,  but  protects  whatever,  in  order  to  en- 
able the  physician  to  prescribe,  was  disclosed  to  any 

of  his  senses 1 ,  p.  237  n, 

burden  on  party  seeking  to  exclude  testimony 1,  p.  238  n, 

9.  licputdtion. 

general  reputation  that  one  is  partner  not  sufficient. . .  .2,  p.  1195, 
iucomi)etence  of  servant  may  bo  shown  by  evidence  of  repu- 
tation  1,  p.    5S9, 

specific  acts  of  carelessness  may  also  be  shown 1,  p.    590, 

evidence  of  character  and  reputation  of  plaintilF,  when  ad- 
missible in  action  of  malicious  prosecution 3,  p.  1S79, 

evidence  of  liis  good  character  and  reputation  admissible  on 

bis  behalf 3,  p.  1879, 

but  not  character  of  plaintiff  after  the  prosecution 3,  p.  1S79, 

evidence  of  character  of  plaintiff  admissible  in  mitigation  of 

damages 3,  p.  1879, 

general  charucter,  not  particular  acts,  admissible 3,  p.  1S79, 


§ 


I4C 

14() 

146 
14G 


§  146 


146 
14') 
146 
146 
146 
14G 


§  1 


146 
146 

146 
146 
146 

14G 


14G 
146 

C39 

326 
326 

1095 

1093 
1095 

1095 
1U95 


1] 


V. 


EVIDENCE.  6539 

Evidence— (Continued .) 
10.    }yitiungps. 

attorney  in  cause  not  (lisqualifietl  as  witness 1,  p.    2.'1,  §    149 

nor  counsel  who  coiulucts  case  in  ciiurt 1,  p.    231,  §    140 

right  of  attorney  called  as  witness  to  witness  fees 1,  p.    2jl,  §    14!) 

infant  not  disqualitii'il  from  b<!iiiy  witness .  .2.  p.  14!)7,  §    82G 

witness  fees  in  patent  cases   4,  p.  2S74,  §  1073 

agreement  to  give  oflijer  or  witness  more  than  allowed  hy 

law  not  eiiforcealde 5,  p.  3773   §  22.>0 

on  question  of  gift,  donor  may  testify  to  his  intent 3,  j).  2401,  §  132G 

husband    and    wife    cannot    testify    fur     or    against    each 

"^^'^^ 2,p.  13I4,§    717 

alitvr  aa    „   parties  living  together  as   such  hut  n.it  niar- 

"*^'l 2,  p.  1314,  §    717 

after  divorce  cannot  testify  as  to  matters  occurring  durin;,' 

'"'"■'■'"««■•; 2,  1'.  1314,  §    717 

may  nuike  criminal  complaint  against  eich  other 2,  p.  1314,  §    717 

BO  where  tl.ey  have  conflicting  interests  and  are  opjiosing 
parties,  as  in  divorce  actions,  suits  hy  wife  seeking 
prote(.ti<m  against  husband,  or  suits  in  equity  relating 

to  the  wife's  separate  estate 2,  p.  1314,  §    717 

by  statute  hnslwnd  and  wife  competent  witnesses 2,  p.  1.S14,  §    717 

wife  not  competent  witness  to  her  husl  and'a  will 2,  p.  1315,  §    717 

nor  to  will  containing  a  devise  to  her  husband 2,  p.  1315,  §    717 

witness  in  court  of  justice  or  judicial  proceeding  absolutely 
protected     from     re*po'ii^ibility    for    words     spoken 

t'le'*^'" 3,  p.  2303,  §1284 

action  will  not  lie  for  citing  person  to  ajipoar  as  witness  un- 
necessarily   3,  p.  1 71 5,  §  1 01 2 

witness  not  requisite  to  valiility  of  deed 5,  p.  371)6,  §  0071 

mode  of  proof  of  deed  without  w  itn-ss   5,  p.  37(j(j,  §  227I 

when  statute  reciuirea   witnesses,  attestation  re(juisite  in 

a'l  cases 6^  p.  3796  §  2271 

11.  MiBreV.anevUA. 

legislature  may  alter  rules  of  evidence,  or  change  burden  of 

P*"""^-  •. 7,  p.  C087,  §  3SGG 

powers  of  arbitrators— as  to  admission  of  evidence 6,  p.  5:<03   §  3336 

admissibility  of  extrinsic  evidence  to  impeach  award.  ..6,  p.  5348,  §  .3378 

questions  of  evidence  are  exclusively  for  l,x  fori 7,  p.  5S70,  §  3739 

foreign  charter  proved  like  other  foreign  laws 1,  p.    Gil,  §    344 

12.  Evidence  lldi-vant  in  Particular  Acliont. 

in  assault  and  battery;   evidence  of  remarks  made  during 

and  after  assault  relevant 3,  p.  1S21    §1063 

pecuniary  circumstances  and  rank  of  defendant 3,  p.  1S21,  §  1003 

threats  and  malice 3,  p   1^.22]  §  ioe3 

other  relevant  evidence 3^  p_  i  j^22  S  10G3 

defendant's  good  character  not  relevant 3,  p.  1S22,  §  1063 


U540 


EVIDENCE— EXECUTIONS. 


Evidence— (Continued. ) 

evidence  admissible  in  aggravation  of  damages .3,  p.  1S18,  § 

in  niitigition  of  damages 3,  p.  IS  19,  § 

in  action  of  assumpsit 7,  p.  o'dS,  § 

iu  actions  under  civil  damage  laws  for  injuries  caused  by 

saleof  liquor 3,  p.  lyfiGt)  1968,  § 

in  actions  of  conspiracy 3,  p.  179(>,  § 

iu  false  arrest  and  imprisonment. . .  .3,  p.  1S45,  §  1077;  3,  p.  1S4G,  § 

in  actions  of  crim.  con 3,  p.  19'-0,  § 

what  evidence  admissible  to  prove  malice  in  actions  for  de- 
famation   3,  p.  23.'2,  § 

what  evidence  not  admissible . .  .3,  p.  2lii>Z,  § 

in  action  of  ejectment 7,  p.  CS02,  § 

in  actions  of  malicious  prosecution.  .3,  p.  1906,  §  II03;  3,  p.  1911,  § 
evidence  to  show  malice  in  actions  of  malicious  prosecu- 
tion  3,  p.  18S9,  § 

in  actions  for  seduction 3,  pp.  1934  to  1930,  §§1120  to 

to  prove  incorporation  of  company;  see  Cobpouations,  1. 

to  establish  heirship 6,  p.  5105,  § 

to  support  plea  of  usury , 5,  p.  4094,  § 

evidence  of  negligence  in  selecting  and  maintaining  machin- 
ery and  appliances;  cases  in  which  it  was  held  suf- 
ficiently shown 1,  p.    690,  § 

cases  in  which  it  was  held  not  suHiciently  shown 1,  p.    691,  § 

Eviction. 

See  Landlord  and  Tenant,  7. 
Examination  of  Titles. 

See  Titles. 
Excavations. 

Sei!  Easements;  Neougencb. 
Exceptions. 

See  Easements. 

eHect  and  construction  of  reservations  and  exceptions  in 

deeds  of  real  estate C,  p. 

Exchange. 

implied  power  of  agent  to  exchange... 1,  p. 

Executions. 

See  Constitutional  Law,  5. 

what  is  an  execution 7,  p. 

execution  must  follow  judgment 7,  p. 

judgment  in  real  action,  how  enforced 7,  p. 

in  personal  action,  how  enforced 7,  p. 

franchise  of  corporation  cannot  be  levied  on 1,  p. 

frauchise  in  raili'oad  not  subject  to  levy  and  sale  under  exe- 
cution  2,  p.    973,  §   542 

one  copartner's  share  in  goods  of  firm  may  be  sold  on  execu- 
tion for  his  individual  debt 2,  p.  12G7,  §   GS4 


lOGl 
1002 
3G90 

1139 
1049 
1073 
1103 

1301 
1301 
3703 
1104 

1098 
1122 

3138 
24G3 


327 
323 


3849,  § 
105,  § 


5387,  § 
5:JS7,  § 
5387,  § 
5;]S7,  § 
C42,  § 


22D3 
68 


3409 
3409 
3409 
3409 
376 


EXECUTIONS.  Coil 

Executions  -(Pontinncd.) 

ou  execut  on  aga'iisit  one  of  several  partners,  proper  mode  in 

to  levy  upon  an.l  sell  sucli  partner's  interest  in  whole 

partnership  effects 2,  p.  1203,  §    GS4 

execution  cannot  issue  aguicst  sureties  in  replevin  for  larger 

amount  than  bond 7?  p.  CiJol,  §  SWI 

intcrc3t  of  the  mortgagor  of    personal    property  is   such 

that  e?:ecution   may  be  levied  on  it  even  though  in 

pn33essi.)n  of  mortgagee 6,  p.  4('S9,  §  3075 

undivided  interest  of  tenant  in  common   may  bo  seized  on 

execution 6,  p.  4U0,  §  272G 

estate  of  mortgagor  liahlo  to  be  attached,  levied  uiJon,  and 

sold  under  execution 6,  p.  4912,  §  HOao 

estate  of  ODttii  may  be  levied  on  under  execution 4,  p.  34 10,  §  20. 1 

precedence  of    attachment    over    executions  and   encum- 

'J''a»ces 7,  p.  554C,  §  3570 

the  form  of    exccuMons  to  be    issued   must  conform  to 

^^*/"'' 7,  p.  5SGS,  §  3737 

by    sale     of     term     on     execution,     purchaser    is    made 

assignee 6,  p.  4G.J'),  §  284(j 

if  money  only  be  awarded  by  award  under  submission  to  be 

paid,   execution  issues  as  in  other  cases  of    judg- 

""'"ta 6,  p.  537C,  §  3401 

if  award  be  prospective,  by  ordering  money  to  be  paid  at 
future  period,  or  a  si)ecifio  net  to  be  done,  no  execu- 
tion will  issue,  but  remedy  is  by  attachment,   or 

««""" 6,  p.  5370,  §  3401 

foreign  corporation  may  buy  at  cxejuti  m  sales  on  judgments 

initsfavor 1,  p.    ci fi,  §    347 

attorney  not  liable  for  ordering  levy 1,  p.    OjO,  §    l.")5 

implied  power  of  attorney  to  issue  or  stay  execution 1,  p.    28G,  §    171 

levy  of  execution  against  one  person  upon   lands  belonging 

to    another,    and    without    going    upon    laud,    not  * 

actionable 3^  p.  22S9,  §  1277 

condition  that  land  shall  not  be  subject  to  attachment  or 

levy  on  t xecutiim  void 6,  p.  4j10,  §  2707 

valid  attachment  on  execution  gives  officer  right  to  main- 

t-"^'"  t'""ver 7,  p.  5GGS,  §  3004 

foreclosure  decree  linally  fixes  amount  due;  no  objections 

can  be  mule  to  issue  of  execution  for  deficiency. 6,  p.  4079  §  3069 
action  will  lie  for  a  conspiracy  to  fraudulently  withdraw 

goods  of  defendant  from  reach  of  idaiutiff's  execu- 

.   *'»«•••• 3,  p.  17S9w,  §1047 

provisiim  that  insurance  shall  cease  if  property  is  ieued  on 

or  taken  into  custody  or  possession,  do(;s  not  include 

a  technical  levy  without  change  of  possession. .  .5,  p.  3C11,  §  2110 

norawrongful  levy 5^  p  3C1I,'  gjuo 

Laweov  U  &  K.— 437. 


C542 


EXECUTIONS— EXECUTORa  AND  ADMINISTRATOBS. 


Executions— (Contiiuictl. ) 

uor  issuiiiico  of  exomitioii  on  judgment  for  meclianics'  lien 

anil  notice  of  nalo  of  proiiurty 6,  p.  3CI1,  §  2110 

provision  of  insurnnco  j)  'licy  tliiit  no  execution  shall  issue 
upon  any  juiljjniont  again -t  it  until  tlireu  nioiitlis  after 
tlio  rendition  tliereof  will  lio  enforced,  altliough  tho 
judgment  bo  founded  upon  a  foreign  judgment  ren- 
dered long  before 5,  p.  ;^54S,  §  2034 

Executive.     See  Constitutional  Law;  GovKitNOR. 

judicial  inteiferenco  with  legislative  or  executive  powers  in- 
valid  7,  r.  5917,  §  37Si 

Executors  and  Administrators. 

IS  to  bonds  of  administiator,  see  Srni.TVSiiip  and  Ouar- 
ANTY.     See    also     Jitdicial     Sales;     JuiJUiiiiNxs; 

SlIKUIFKS. 

1.  ArroiNTMENT  OF  and  IssniNO  or  Letters. 

2.  I'L'DLic  Adminlstkators. 

3.  IvKsrc! nation,  Revocation  and  Removal. 

4.  RioiiTs,  Powers,  Duties  and  Liabilities. 

5.  Actions  by  and  a(}ainst  Executors  anl  Admini.strator3. 

6.  FouEiuN  Executors. 

7.  Claims  aoainst  Estate. 

1.  Jpiwintiwiit  of  and  Issuinfj  of  Letters, 

ai)pointment  of S,  p.  1614,  §  889 

when  administration  will  be  granted 2,  pp.  1(!14,  1()1.">,  §  800 

where  administration  will  be  granted 2,  p.  IGlfi,  §  891 

who  may  be  appointed 2,  pp.  HMT,  1018,  §  892 

who  disqualified 2,  p.  161!),  §  893 

infants 2,  p.  1496,  §  824 

infant  administrator  not  liable  in  devastavit  for  failure  to 

appropriate  assets  ratably 2,  p.  1497,  §  824 

husband  on  wife's  death  becomes  entitled  to  letters  on  her 

estate 2,  p.  1399,  §  7G3 

by  divorce  husband  loses  right  to  administer  on  wife's  es- 
tate   2,  p.  14r)7,  §  801 

who  are  and  who  are  not  admi.iistrators 2,  p.  1()19,  §  894 

persons  appointed  by  will  of /twe  covert 2,  p.  1019,  §  894 

husband  of  administratrix  2,  p.  1619,  §  894 

eheriffs  whj  receive  assets  without  letters   are  adminis- 
trators  2,  p.  1619,  §  894 

administrators    pendente    lite,    or    special   adminishators 

2,  p.  1620,  g  S!)6;  2,  1629,  §  906 

when  grant  of  letters  voidable  only 2,  p.  1621,  §  897 

when  grant  of  letters  void 2,  p.  1621,  §  897 

administration  on  estate  of  living  person;  effect  of 2,  p.  162,3,  §  898 

grant  uf  letters   of  administration    raises    presumption   of 

death  aui  intestacy 2,  p.  1623,  §  893 


8S9 

890 
801 
892 
893 
824 


7G3 


EXECUTORS  AXD  ADMIXISTRATORS.  C543 

Executors  and  Adrainistrators-(Continue.l.) 

ad.Mini.trati.Mi  on  i*,tate  of  one  civil  y  dea.l 2,  p.  1C24,  §    899 

power  of  court   to  ilisi.cnso   with  a.ln.inistiati.iii    in  8i„vial 

.  .r"?"';'," 2,  p.  ir,ni.§    909 

rorm.tcstov.h.lf^rantof  icttcs g,  ,,  „;,.,,  g    .,03 

cloatl.  an,l  n.testa<.y 2.  p.  I.IJS,  §    0(..T 

tactai;ivin^'  jtu-MiliLtiou  must  exist  at  time  of  issun   .     2    p    10 '8   §    90.1 
dcccacnt    must    l.avo  his  .lomioile  iu    county  at   time' of" 

,''";''   2.p.  H:C9.§    901 

orliaveleftpcrsnuulty  in  county  or  state  of  is^ue...    2    p    Kl-O   S    904 
•pplioation  for  letters,  forn,  of gl        ,^:,;,;  g    ,,„. 

cha.acteroftheproc.Mliny 2.  p.  1030.  §    908 

attoraej  no  authoiuy  to  appear  for  client's  exeeutor  ..r   a.l- 

niinistrator ,  „-„. 

2.  P,ih!k  AdniinislnUnrs.  ^'     '"'^      ^' 

public  a.ln.inistratcn-  entitled   to  administration  upon  all  es- 

tales  not  otherwiso  administered 2,  p.  lfi"0  §    SOT 

has  only  such  powers  as  «ivcn  him  by  law .'..2,  p.  luiio'  §    895 

ishuduty  to  talve   imme.liate  possession   of  estate  of  any 

person  dying  « jthout  heirs 2,  p.  1C20,  §    895 

docs  not   without  a  spL-eial  grant  acquire  a  right  to  admin- 
ister upon  any  particular  estate 2,  p,  1C20,  §    895 

continues  his  jiowers  after  termination  of  his  official  t.-'mi 

until  another  administrator  ajipointed 2,  p.  1C20,  §    895 

successor  .-.i.pointe.l.  property  must  be  paid  over  to  him. 2*,  p.  I02o[  §    S95 
prior  ri-ht  to  letters  exists  in  tiie  public  administrator  over 
the  appcintce  of  foreign   executor  not  entitled    by 

blood  or  marriage 2,  p.  Ifi20,  §    895 

public  adu.iaistrator  is   uot   entitled   to  letters  unless   no 

relative  in  state  (|U,i!ilied g    i).  ICO  ?    89" 

3.  Jicvrjiinlin),   It  u  K'llinn  mid  linnovil.  '     "       ~  ' 

renunciation  of  oHice  of  executor,  what  amounts  to  a..  .2.  p.  IO04   §    900 

renundation  of  ofKce  by  mistake,  etTe.  t  of 2.  p.  IG-",")'  §    900 

resijL'uation  of  office,  wlicn  per:nitted g,'  p.  IG25'  §    900 

letters  will  be  revoked  when  issued    irrc-guLirly  or   witliout 

,   j»'i^''"--'i"» S,  p.  ir,2r,,§    901 

or  where  cause  for  their  issue  no  longer  txist-i 2,  p.  IGi")   §    9J| 

other  cases  w  here  letters  will  be  revoked 2^  p    l(i'>a'  §    901 

who  may  apply  for  revocation  of  letters .2,'  p.  1(j2g'  §    901 

removal  of  eve  utor  or  administrator;  what  is  and  is  not  a 

sufficient  cause 2.  p.  1C27.  §    902 

where  suit  p  nding  at  the  time  of  removal,  deposed  execu- 
tor has  no  ft.r;her  standing  in  court 2,  p.  1G28,  §    902 

firing  vacancy;  power  of  courts  as  to 2,'  p.  1629*  §    9U5 

4.  nijhtH,  Pun'>-r%  Dutks  and  L'uMtUifS,  '     '      '  ' 

assets.  What  are 2.  pp.  1637-1639,  §    917 

what  administrator  entitled  to g,  p.  1639,  §    918 


6514 


EXECUTORS  AND  ADMINISTRATORS. 


Executors  and  Administrators -(Continued.) 

marshaling  a.4t.uts 2,  p.  1G39,  §  019 

title  of  cxucutur  anJ    ailniii:i.str:tti)r  in   iiropcrt}',    nutniu 

of 2,  iH).  10»0  10»'_',  §  JH'l) 

powers  of  executors  and  administrators  niidor  will ...  .2,  \>.  I(!4H,  §  921 

power  to  sell  may  1)0  expre-iscd  or  implied 2,  p.  IfiH,  §  \)2'2 

may  not  be  duk'j,'at(d 2,  p.  1015,  3  923 

cannot    lie   executed    by  adminiitrator    cum    trxliinn'iito 

fiiiiiriro 2,  p.  10ir>,  §  9_'l 

distinction  between  naked  powers  and  powers  conplod  with 

interest 2,  p.  IU5,  §  925 

power  given  to  executor  couple  1  with  interent  survives  death 

or  renunciation 2,  p.  101(5,  §  9;  0 

power  to  8  11   realty  docs   not  make  executor  liable   for 

rents 2,  p.  1047,  §  927 

power  to  convey   laud  docs  not  make  him  warrantor  of 

title 2,  p.  1647,  §  9-27 

power  to  sell  within  given  time  docs  not  necessitate  execu- 
tion of  a  deed  within  period 2,  p.  1G47,  §  927 

power  to  sell  all  estate  docs  not  authorize  sale  of  aftcr- 

acqnired  property 2,  p.  1 647,  §  927 

direction  to  sell  in  will;  effect  of 2,  p.  1018,  §  927 

duty  of  burial  is  upon  executor,  and  liable  to  person  who  in- 
curs such  expense 2,  p.  1013,  §  923 

executor  and  administrator  must  use  due  diligence;  liable  for 

neglect 2,  p.  1618,  §  923 

arc  trustees,  and  prritits  belong  to  estate 2,  p.  1G(8,  §  923 

liability  of,  for  losses  to  estate 2,  p.  1700,  §  935 

acts  of  an  administrator  done  in  duo  course  of  the  adminis- 
tration are  valid,  thouj^h  letters  afterward  re- 
voked  2,  p.  1651,  §  92^ 

authority  of  administrator  in  general 2,  p.  1051,  §  923 

authority  implied  and  not  implied  to  executors  and  adminis- 
trators  2   p.  16,"),*l,  §  929 

termination  of  authority  of 2,  p.  1011,  §  923 

authority  to  make  coutr.icts 2,  p.  I(i5'),  §  931 

authority  to  subin  t  to  arbitration 2,  p.  10").'»,  §  9.12 

authority  to  mortgage 2,  p.  lOlO,  §  9.1.3 

effect  of  admissions  by  executor  or  administrator 2,  p.  1057,  §  9:U 

implied  power  of,  to  sell  property  of  estate 2,  p.  105^,  §  915 

power  of  probiite  ourt  to  order  sale 2,  p.  1059,  §  9.13 

hearing  of  petition  for 2,  p.  1031,  §  917 

requisites  of  order  of  sale 2,  p.  1001,  §  91S 

nature  of  sale 2,  p.  10(12,  §  933 

what  may  be  sold 2,  p.  1002,  §  940 

who  must  make  sale 2,  p.  100.1,  §  941 

only  money  receivable .2,  p.  1003,  §  942 


EXECUTOKS  AND  ADMIMSTISATORS. 


G545 


010 


927 
927 

928 

923 
923 
933 


Executors  and  Administrators— (Continued.) 

biililcM  uiul  "  jiull'oM  "  at  jiulitjial  saLa 2,  p.  ICfil,  § 

bonda  given  licforo  aulo 2,  j».  \M'>',\,  § 

ordur  of  sulo  must  bu  followed 2,  p.  l(j(il,  § 

court  may  set  ;wido  Halo 2,  pit.  1U04,  l«t5,  §§    910, 

irrnyuhiiitiea  in  ealo 2,  p.  lC(5r>,  § 

conlirmiition  of  sale 2,  pp.  KiG.l-lCOT,  § 

wlit'K  sales  valid 2,  p.  l(i(»7,  § 

when  Bales  void 2,  p.  16G7,  § 

conveyance   by  executor  or    administrator  gives  color  of 

title 2,  p.  1009,  § 

what  estate  passes  by  such  deed. 2,  p.  1CG9,  §  9o2;  2,  p,  1G70,  g 

requisites  of  deed 2,  p.  1G70,  § 

rights  of  purchaser 2,  p.  1070,  § 

effect  of  i-urchase  of  estate  by  executor  or  administrator. 2,  p.  1073,  § 
right  of  executor's  executor  to  administer  au  estate  of  orig- 
inal testator 2,  p.  1G90,  ? 

co-executors    and    administrators;      rights    and    liabilities 

of 2,  p.  1G91,  § 

to  execute  power  oi  .Ae 2,  p.  1G91,  § 

liability  for  acts  of  each  other 2,  p.  JG92,  § 

«xecutors  di-  nun  toil,  who  arc 2,  p.  1G94,  § 

who  are  not 2,  ii.  Ki'J"),  § 

rigiits  and  liabilities  of 2,  p.  1G7S,  g  9(;0;  2.  p.  1G9j,  § 

administrator  de  bonii  mm,   rights,   powers  and  liabilities 

"f 2,  p.  IGOG,  § 

accounting  by  exrciitors  and  admiuistnitors 2,  p.  1GI)(>,  § 

form  of  account 2,  [i.  1 090,  § 

power  of  court  to  correct  mistakes  in  administrator's  ac- 
counts     2,  p.  1G97,  § 

compensation  allowed  to  executors  and  admisiistrators  for 

services 2,  p.  1097,  § 

right  to  commissions 2,  p.  1G98,  § 

right  to  allowances  for  cxpcndi'.ni es 2,  p.  1G9S,  § 

charges  against  executors  and  admii.i^itrators 2,  p.  1G!)9,  § 

when  counsel  fees  allowed  to  executor  or  administrator. 2,  p.  1700,  § 
liability  of  executor  or  administrator  for  interest  on  funds 

in  his  hands 2,  p.  1702,  § 

attorneys  for  executor  cannot  charge  for  answering  in(|uiries 

of  creditors  1,  p.    330,  § 

shares  of  stotk,  on  death  of  owner,  pas3  to  executor,  and 

not  to  heir 1,  p.    770,  § 

patent,  when  issued  to  executor  of  inventor 4,  p.  i:S70,  § 

may  appoint  attorney  to  transfer  stock 1,  p.      2(i,  § 

with  power  to  sell  may  not  delegate  authority 1,  p.      27,  § 

«xccutor  paying  father  from  amount  of   legacy  le't  his  in- 
fant sou  liable  to  account  to  estate  for  such  sum.  2,  p.  1485,  § 


943 

944 
945 
947 
948 
949 
950 
051 

952 
953 
953 

on"? 

954 

974 

975 

976 
97(> 
983 
934 
984 

9SG 
9S7 
983 

9S9 

990 
991 
992 
993 
994 

996 

199 

4G8 

1G65 

25 

27 

813 


Gd46 


EXECUTORS  AND  ADMINISTRATORS. 


Executors  and  Administrators-  ^Continued.) 
6.  Actions  by  ami  aijuhist  Executors. 

executor  or  administrator  may  sue  in  reprcscnlntive  capacity 
whenever  the  money,  if  received,  would  be  assets  in 
his  hands 2,  p.  1G74,  §    055 

Buit  may  be  maintained   on  showing  title  in  deceased,  and 

his  own  possession  as  administrator 2,  p.  IG74,  §    OoS 

he  may  sue  in  his  own  name 2,  p.  1G74,  §    955 

what  actions  may  be  sustained  by  executor  or  administra- 
tor  2,  p.  IG75,  §    955 

what  actions  may  not  be  sustained  by  executor  or  adminis- 
trator  2,  p.  IGTG,  §    956 

what  actions  may  be  sustained  by  executor  rfp  hoiiM  no«  2,  p.  1G77,  §    957 

what  actions  may  be  sustained  by  administrator  de  hums 

nan li,  p.  1678,  §    9G1 

what  actions  may  be  sustained  by  co-executor 2,  p.  1G78,  §    958 

what  actions  may  be  sustained  by  executor  of  executor  or 

administrator 2,  p.  1G78,  §    959 

on  death  of  holder  of  bill  or  note,  title  passes  to  personal 

representatives  who  may  transfer  it  or  sue  upon  it. 4,  p.  2720,  §  1554 

personal  representative  cannot  give  title  by  mere  delivery; 

must  indorse  it  de  novo 4,  p.  2720,  §  1554 

what  actions  may  be  sustained   against  administrator  de 

bonis  non 2,  p.  1G78,  §    961 

what  actions   may  be  sustained  against  executor  de  son 

tort 2,  p.  1678,  §    960 

executor  or  administrator  liable  only  for  non-performance  of 

duties  he  was  bound  to  perform 2,  p.  1679,  §    9C2 

on  express  or  implied  promises  made    after  intestate's 

death 2,  p.  1670,  §    9G2 

cannot  be  sued  in  representative  capacity  for  goods  fur- 
nished or  services  rendered  to  the  estate  after  dece- 
dent's death 2,  p.  1680,  §    9C3 

cannot  be  sued  in  an  action  which  existed  by  statute  against 

deceased  and  abated  at  his  death 2,  p.  16S0,  §    903 

action  for  a  wrong  done  docs  not  survive  against  such  repre- 
sentatives   2,  p.  IGSO,  §    9G3 

action  to  enforce  liability  against  estate 2,  p.  IGSO,  §    9u4 

jurisdiction  of  e(iuity  in  action  by  or  against  executors  or  ad- 
ministrators   2,  p.  1683,  §    906 

Buits  by  and  against  executors  and  administrators  in  foreign 

jurisdiction 2,  p.  1681,  §    965 

pleading  and  practice  in  action  by  and  against  executors  and 

administrators 2,  p.  1684,  §    907 

See  Pleading  and  Practice. 

where  drawee  of  bill  is  dead  presentment  must  be  made  to 

executor  or  administrator 4,  p.  2632,  §  1491 


EXECUTORS  AND  ADMINISTRATORS — EXEMPTIONS. 


C547 


Executors  and  Administrators— (Continued.) 
G,  Furtthjii  Executors  and  Adiiiinintrators. 

graut  of  letters  has   no  force  l)eyond  state  in  which  made, 

though  deceased  domiciled  in  another  state 2,  p.  1G92,  §    978 

power  and  riyhti  of  foreign    executors    and    administra- 
tors  2,  p.  1002,  §    979 

payments  to  foreign  executors  and  administrators 2,  p.  1093,  §    9S0 

accounts  and  settlements  by 2,  p.  1G9.S,  §    9S1 

ancillary  administration  when  granted;  eCFect  of. 2,  p.  1C93,  §    9S2 

7.  ClaiiiiH  ajainst  Estate. 

formal    presentation  of  claim    against  estate    not  neces- 
sary  2,  p.  1704,  §   999 

eufBcient  if   representative  has    notice    or    knowledge    of 

claim 3,  p.   1704,  §    999 

affidavit  of  claim  against  estate  may  be  made  by  an  agent  of 

the  creditor 2,  p.  1704,  §    999 

administrator  neither  allows  nor  rejects  a  claim,  but  refers 

the  same  to  probate  court,  a  rejection  of  claim.  .2,  p.  1704,  §  lOO'J 
claim  must  be  presented,  altlKuyh  executor  verbally  stated 

to  creditor  that  it  would  be  paid 2,  p.  1704,  §  1000 

acknowledgment   that  claim    was  duly    presented  is  evi- 
dence of  such  fact 2,  p.  1704,  §  1000 

statutory  limitations  as  to  time  governing  presentation  of 
claims   against    estate,  do  not  apply    to    mortgage 

claims • 2,  p.  1704,  §  1001 

distribution  is  made  under  law  of  domicile 2,  p.  170G,  §  1006 

See  also.  Conflict  of  Laws. 
distribution  in  case  of  non-resident  creditors  of  insolvent  es- 
tate   2,  p.  1706,  §  1007 

non-resident  creditors  have  right  to  prove  claims  under  an- 
cillary administration 2,  p.  1705,  §  1003 

personal  representative  entitled  to  give  a  preference  to  his 

own  debts  where  he  is  himself  creditor 2,  p.  1705,  §  1004 

executor  de  son  tort  may  not  retain  for  his  own  debt.  .2,  p.  1705,  §  1004 
extinguishment  of  executor's  or  administrator's  debt  by  his 

appointment 2,  p.  UO."),  §  1005 

powers  of  court  are  exhausted  after  distribution 2,  p.  1706,  §  1008 

savings  bank  cannot  apply  stock  belonging  to  estate  of  one 

deceased  in  payment  of  his  indebtedness  to  bank.  2,  p.    876,  §    513 
Executory  Devises. 

executory  devises  defined;  diCFerent  kinds  of 6,  p.  4474,  §  2745 

requisites  of;  effect  of 6,  p.  447G,  §  2745 

illustrations  of  executory  devises 6,  p.  4476,  §  2746 

must  not  create  a  perpetuity 6,  p.  4477,  §  2747 

what  does  and  does  not  create  perpetuity 6,  p.  4477,  §  2747 

Exemptions. 

See  Sheriffs;  Taxation. 


6548        EXEMPTIONS — FALSE  ARREST  AND  IMPRISONMENT. 


Exemptions— (Continued.) 

cxsniptioii  laws  are  unconstitutional,  when 7,  p.  GOTO,  §  3354 

legislature  cannot  give  corporations  cxcni^itioas  not  allowed 

to  private  persons 1>  P-    COO,  §    333 

partner  entitled  to  personal  property  exemption  out  of  tho 
partncrsliip  property  before  debt  due  by  him  individ- 
ually to  copartner  can  be  deducted 3,  p.  1239,  §    GG9 

debtor  cannot  claim  exemption  on  judgment  for  ali- 
mony   S,  p.  1455,  §   793 

Experts.     See  Evidence,  5. 
Explosions. 

See  Neoijoknce. 
Ex-post  Facto  Law. 

See  Constitutional  Law,  7. 
"  Ezpresio  Unius  est  Exclusio  Alteriu3. 

illustration  of  maxim;  common  earner  agreeing  to  deliver 
safely  will  be  liable  even  beyond  his  common-law  lia- 
bility  4,  p.  3183,  §  1358 

Express  Companies. 
See  also  Carriers. 
expressmen  and  express  companies  are  common  carriers.  4,  p.  3030,  §  1792 

delivery  by  express  companies 4,  p.  3133,  §  1829 

railroad  not  obliged  to  furnish  facilities  to  an  express  com- 
pany beyond  such  facilities  as  it  must  furnish  to  ship- 
pers generally 4,  p.  3090,  S  1797 

implied  x^owers  of  agents  of 1>  P>    11C|  ^      75 

Factors. 

See  Brokers  and  Factors. 
lien  of,  see  Likns,  2. 
False  Arrest  and  Impriscnment. 

defined  an('  illustrated 3,  pp.  1S25  1S29,  §  1004 

assault  not  essential 3,  p.  1S2."),  §  10G4 

party's  liberty  must  be  restrained  to  his  knowhidgo.  .3,  p.  1S2(),  §  lOoi 

restraint  without  process,  when  permitted 3,  p.  1S21),  §  10G5 

in  the  domestic  relations 3,  p.  1829,  §  10G5 

in  the  case  of  bail  and  piincipal 3,  p.  1829,  §  10G5 

imprisonment  of  insane  persons,  when  permitted  without 

process 3,  p.  1829,  §1060 

valid  process  from  competent  court  a  good  defense  to  all 

parties 3,  p.  1330,  §  1067 

one  cannot  recover  for  false  imprisonment  on  proof  of  case 

of  malicious  prosecution 3,  p.  1830,  §  10G7 

imprisonment,  though  caused  by  m  dicious  prosecution,  not 
"  false,"  unless  extra-judicial  or  without  legal  proc- 
ess  3,  p.  1830,  §  1067 

arrest  of  a  person  privileged  from  arrest  not  a  trespass,  and 

docs  not  give  action  for  false  imprisonment 3,  p.  1831,  §  10G7 


FALSE  AKREST — FALSE  REPRESEXTATIONS.  6549 

False  Arrest  and  Imprisonment— (Continued.) 

railroad  company  has  no  right  to  detain  a  person  who  has 

lost  his  ticket  and  will  not  pay  fare 3,  p.  1831,  §  1067 

United  States  commissioner  cannot  fine  and  imprison.  .3,  p.  1S31,  §  1067 
commissioner  in  chancery  cannot  commit  person  for  refusing 

to  testify 3,  p.  1S31,  §  1007 

imprisonment  for  debt,  when  permitted 3,  p.  1S31,  §  10G3 

arrest,  when  allowec?  in  civil  cases 3,  p.  1S!31,  §  1063 

liability  for  arresting  wrong  person  on  valid  warrant.. .  .3,  p.  1831,  §  1069 

process  void  for  want  of  jurisdiction  no  protection 3,  p.  IS.Vi,  §  1070 

for  irregularities  no  protection 3,  p.  1832,  §  1070 

process  not  void,  but  merely  irregular,  a  protection 3,  p.  1834,  §  1071 

arrest  by  military  order  not  actionable 3,  p.  183.>,  §  1072 

officer  seeing  felony  committed  may  arrest  without  war- 
rant  3,  p.  183G,  §  1073 

80  where  he  has  reason  to  believe  a  felony  has  been  com- 
mitted  3,  p.  1836,  §  1073 

to  prevent  breaches  of  the  peace 3,  p.  1836,  §  1073 

officer  no  authority  to  arrest  person  without  warrant  on  sus- 
picion of  having  committed  misdemeanor 3,  p.  1837,  §  1073 

or  offense  punishable  by  fine  and  imprisonment  in  jail.  .3,  p.  1837,  §  lo73 
essential  that  within  reasonable  time  party  arrested  be  taken 

before  magistrate  for  exaniinaiion 3,  p.  1837,  §  1073 

no  authority  to  arrest  on  complaint  by  letter  from  foreign 

state 3,  p.  1837,  §  1073 

private  persons  present  when  felony  is  committed  may  ar- 
rest  3,  p.  18.10,  §  1074 

or  when  breach  of  peace  is  committed  in  sight 3,  p.  1S30,  §  1074 

on  suspicion  of  felony,  when 3,  p.  ISIO,  g  l(i74 

must  "ive  aid  to  officer  when  called  on 3,  p.  184'),  §  1074 

liability  of  officer  illegally  issuing  process 3,  p.  1S41,  §  1073 

liability  of  party  c  uising  illegal  arrest 3,  p.  1S42,  g  1076 

measure  of  damages  in  actions  of  false  imprisonment. .  .3,  p.  1844,  ^  1077 
See  DAMAGE.S. 

corporation  liable  for  false  imprisomnent 1,  p.    034,  §    307 

False  Imprisonment. 

See  False  Arrest  and  Ijipeisoxmext, 
False  Representations. 
See  In.sorance,  2. 

false  representations  by  seller  a  good  ground  for  relief. .  5,  p.  3929,  §  2342 
erroneous  representation  or  atatemeut  of  matter  of  law  not  a 

fraud 5,  p.  3930,  §2343 

false  representations  as  to  legal  effect  of  instrument  uo  bar 

to  an  action  thereon 5,  p.  3930,  §  2343 

representation  of  intention  as  to  future  act  or  performance, 
though  it  may  have  induced  agreement,  not  a 
fraud 6,  p.  3930,  §  2344 


6550  FALSE  REPBESENTATIONS. 

Falsa  Representations— (Continued.) 

repreaenta'ioa  of    opinion,    though    erroneous,    not    frand 

agiiast  which  law  will  relieve 5,  p.  3930,  §  2345 

expressioiH  of  opinion  by  vendor  of  proi)erty,  relative  to 

title,  quantity,  value,  etc.,  not  ground  for  relief. 5,  p.  3930,  §  2345 

concealment  or  nondisclosure  of  material  fact  will  avoid 

contract 5,  p.  3931,  §  2346 

alifer  where  there  is  no  duty  to  make  disclosure 6,  p.  3932,  §  2346 

persju  aellin;;  chattul  and  concealing  latent  defect  not  guilty 

of  fraud 5,  p.  3932,  §2347 

flVler  as  to  patent  defect 5,  p.  3933,  §  2343 

effect  of  sale  "  with  all  faults  " 5,  p.  3933,  §  2349 

purchaser  is  not  obliged  to  disclose  fact  which,  unknown  to 

other  party,  increases  value  of  property 5,  p.  3933,  §  2350 

aUler  where  there  is  fiduciary  relation  between  parties. 5,  p.  3933,  §  2350 

representation  made  with  belief  in  its  truth,  though  not  true 

in  point  of  fact,  not  fraud 5,  p.  3934,  §  2351 

a/i/er  where  representation  is  of  material  fact,  and  induces 

contract,  even  though  innocently  made 5,  p.  3034,  §  21551 

representation  not  known  to  be  true,  effect  of 5,  p.  3935,  §  2352 

representation  subsequently  becoming  false  or  true,  eflect 

of 5,  p.  3936,  §  2353 

misrepresentation  must  be  material,  must  have  induced  con- 

trait 5,  p.  3936,  §2354 

not  enough  that  it  may  have  remotely  or  indirectly  contrib- 
uted to  transaction 5,  p.  3936,  §  2354 

representation  made  after  sale  completed  not  relevant.  .5,  p.  3J36,  §  2354 

representation   to  person  having  knowledge   or  means  of 

knowledge  of  ascertaining  its  truth 5,  p.  3937,  §  2355 

where  party  does  not  rely  on  false  representation 5,  p.  3937,  §  2355 

misrepresentation  as  to  one  of  several  matters,  or  rci)resenta- 
tion  injluding  several  matters  false  in  one  material 
point,  vitiates  whole  agreement 5,  p.  3938,  §  2356 

fraud  of  third  party  not  ground  for  setting  aside  con- 
tract   5,  p.  3939,  §  2357 

on  discovering  fiaud,  the  party  defrauded  may  elect  to  treat 
the  contract  as  binding  or  refuse  to  be  bound  by  it; 
until  he  elects  it  continues  valid 5,  p.  3939,  §  2353 

agreement    procured    by  mistake  or  fraud  voidable,    not 

void 5,  p.  3939,  §2358 

one  who  executes  contract  for  purpose  of  defrauding  another 
will  not  be  protected  against  it  when  used  against 
himself 6,  p.  3931,  §  2358 

election  to  rescind  may  be  by  words  or  acts 6,  p.  3940,  §  235  J 

Teador,  when  he  discovers  the  fraud,  may  rescind  sale  and 
rejover  the  property  from  vendee,  or  from  any  one 
into  whose  hands  it  may  have  gone 5,  p.  3910,  §  2360 


FALSE  REPRESENTATIONS.  6651 

False  Representations— (Continued. ) 

to  rescind  tlie  sale  for  fniuil,  vendor  mnst  restore  the  con- 
sideration,   or  otlierwise   put   other   party  t«  ntutu 

?"o 6,  p.  3940,  §  2360 

ri;;ht  to  rescind  for  fraud  not  defeated  hy  vcnlor's  having 

obtained  judgment  fur  price  in  ignorance  of  fraud .  5,  p.  3940,  §  23G0 
party  allirming  contract  voidable  for  fraud  cannot  afterward 

elect  to  revoke  it 5,  p.  3910,  §  23G1 

delay  in  setting  aside   fraudulont   contract   may  ha\  e  the 

edect  of  affirming  it 5,  p.  3941,  §  2362 

laches  not  imputable  to  party  defraudeil,  until  he  has  liad 

knowledge,  or  means  of  knowledge 5.  p.  3941,  §  2362 

subscriptions  to  stock  of  corporation  obtained  by  false  rei)- 

r.scntations  are  voidable 1,  p.    7ol,  §    452 

false  representation  must  nit  be  a  representation  as  to  a  mat- 
ter of  law  or  of  opinion  ...    1,  p.     y.!.*},  §    4."3 

or  of  the  construction  or  effect  of  the  charter 1,  p.    T53,  §    4.')3 

or  be  in  the  nature  of  a  future  jiromisc 1,  p.     7."»;{,  §    4,')3 

false  representation  must  have  been  of  material  matter.  1,  p.    75.'?,  §    4.")3 

fraud  must  not  be  fault  of  subscriber  himself 1,  p.    7,j;5,  §    453 

false  representations  must  have  Ijeen  made  fraudulently.  1,  p.    7.')3,  §    4,'J3 

must  have  been  believed  or  re  ied  on  by  subscriber 1,  p.    753,  §    4,")3 

discharge  from  stock  subscription  on  ground  of  fraud  c.iniiot 

be  obtained  by  one  who  wa?  party  to  the  fraud .  .1,  p.    75.3,  §    453 
illustrations  of  false  representations  held  not  to  avoid  the 

subscription 1,  p.    751,  §    453 

person  guilty  of  .ladies  cannot  avoid  subscription  to  stock 

obtained  by  fraud 1,  p.    75G,  §    4d4 

agent  personally  lialde  for  deceit  and  false  rei)re3entation3 

made  by  him 1,  p.    iSG,  §    112 

principal  liable  also 1,  p.    191,  §    114 

principal  bound  l)y  false  representations  of  agent 1,  p.     197,  §    II7 

liability  of  directors  for  fraud  and  false  representations.  1,  p.    G94,  §    413 
corporation  liable  for  false  representations  of  its  agent  .1,  p.    G34,  §    3G7 
directors  not  liable  for  false  statements  in  articles  of  associa- 
tion inducing  party  to  subscribe  to  stock 2,  p.    898.  §    521 

insurer  is  bound  by  false  representations  of  its  agent.  .5,  p.    373G,  §  2219 
equity  will  set  aside  gift  of  property  to  husband  induced  by 

his  false  representations 2,  p.  1396  §   759 

but  not  mortgage  made  to  third  p.arty  on  husband's  false 

representations 2,  p.  139G,  §    759 

equity  may  order  canceled  partnership  articles  procured  by 

false  representation 2,  p.  1262  §    681 

infant  not  liable  to  action  for  fraudulently  representing  him- 
self to  be  of  age 2,p.  1521,§    835 

liability  of    corporation  for  fraudulent  representation    of 

»Sent l,p,    718,§   403 


mm 


6552  FALSE  REPRESENTATIONS— FIGURES. 

False  Representations  -(Continued.) 

fraudulent  iej)iesentatii)n8  as  to  i)!Uty's  birth,  social  position 
wealth,  health  or  cliastity  oauuot  be  set  up  by  othcra 

to  vitiate  contract  of  rnvrriaijo 2,  p.  1301,  §    710 

Fees. 

See  aUo,  Costs. 

of  attorneys,  see  Attorney  an'd  Clikst,  8. 

800  AdcTIO.V.S,  5;  BlliiKEUS    AN'Ii    Factoiis,    4;  MnNICIPAl. 

Corporations.  2;  OKFicKas  of  Cocut. 
when    counsel    fees    allowed  to   executor  or   administra- 
tor  a,  p.  1700,  §   904 

jury  may  allow  the  plaintiff  reasonable  counsel  fees  in  the 

prosecution  of  action  of  defamation 3,  p.  2353,  §  1303 

attorney  may  make  express  contract  for  compensation  even 

where  fees  are  regulated  by  law 1,  p.    344,  §    206 

right  of  attorney  called  as  witness  in  cause  to  foes 1,  p.  231  n,  §    149 

Fee  Simple. 

See  Real  Property,  3. 
Fellow-Servants. 

who  are  "fellow-servants" 1,  p.    B70,  §   319 

who  are  not  "  fellow- servants '' 1,  p.    5T7,  §   320 

Buperior  servant  having  control  of  inferiors,  a  "  vice-princi- 
pal" and  not  a  "  fellow-servant " 1,  p.    530,  §    321 

servant  who  has  chnrge  of  construction  and  repairs  of  ma- 
chinery or  buildinn;3  or  works  in  mister's  absence, not 

a  fellow-servant  with  one  below  him 1,  p.    583,  §    322 

servants  of  different  masters  not  "  fellow-servants  ".....  1,  p.    534,  §    323 
servant  through  work  and  on  way  home  not  a  fellow-servant 

with  those  still  at  work ....1,  p.    530,  §    324 

60  where  servant  is  at  time  on  private  errand  of  Lis  owa 

and  not  engaged  on  master's  work 1,  p.    587,  §    324 

sowhcre  he  is  absent  from  his  place  even  without  leave.  1,  p.  587,  §  324 
servant  liable  personally  for  injury  to  fellow-servant. . .  1,  p.  504,  §  331 
servant  may  maintain  action  for  injury  to  wifo  caused  by 

negligence  of  fullow-seivaut 2,  p.  1332,  §   730 

Fences. 

See  ANI^UL3,  4. 
Ferries. 

rights  and  liabilities  as  to 0,  p.  4S19,  §2957 

remedies  for  interference  with. 6,  p.  4821,  §  293S 

ferrymen  are  common  carriers 4,  p.  3030,  §  1792 

Figures. 

sura  in  bill  or  note  may  be  stated  in  figures  alone 4,  p.  2G07,  §  1468 

whore  discrepancy  between  written  words  and  figures  in 

margin,  former  govern 4,  p.  2607,  §  1468 

no  objection  to  deed  that  description  of  lands  conveyed  is  in 

figures  and  abbreviations 5,  p.  3341,  §  2285 


nSDEK— FIBE. 


6553 


Finder. 

See  Lost  rnorKuxr. 
Fines. 

See  Municipal  ConroitATiONS,  3. 
Fire. 

See  Insorvnck;  iNNKnrpKn;  LvN'nT,OT'.T>  a:jt>  Texavt,  3; 
PuoxiMAiE  and   R::iii)tb   Cause;    Municipal  1-s'« 

COnPORATIONS,  1. 

1.  Destruction  of  Pep.sonaltt  by  Firn. 

2.  De^tuuction  ok  Personalty  by  IIailuoad3. 
8.  Miscellaneous  Cases. 

1.  Destntdioii  of  Pfrnonalt'/  hy  Fire. 

persoa  not  liable  for  ilatni^a  by  acciilental  firo 0,  p.  2115,  §  1334 

happening  of  the  fire  or  dtistruotion  of  proiieity  docs  not 

raise  presumption  of  ne^li;j;ence 3,  p.  2-117,  §  1354 

fire  used  for  mechanical  or  manufacturing  purposes,  if  nscd 
carefully  and  with  proper  safeguards,  no  liability  at- 
taches  3.  p.  2117,  §  1334 

carelessly  exposing  one's  property  to  fire,  or  carrying  on  busi- 
ness so  as  to  render  priperty  of  neighbnr  liable  to  de- 
struction by  fire,  anuisance  which  will  beenjoined.3,  p.  2-147,  §  1334 
keeping  ashes  in  wooden  barrel  contrary  to  ordinance,  not 

negligence  pn-  se 3,  p.  2148,  §  1354 

not  contributory  negligence  to  erect  bouse  near  defective 

chimney 3,  p.  241S,  §  1.134 

ase  of  fire  in  clearing  land;  liability  for 3.  p.  2441),  §  l.'J.w 

statutory  liability  in  some  stites 3,  p.  2451,  §  13j6 

bailees  for  hire  not  responsible  for  I039  by  fire 4,  p.  2!)G1,  §  1730 

borrower  not  liable  for  loss  or  damage  caused  by  firo. .  .4,  p.  2:)4.">,  §  1723 
hirer  not  liable  for  loss  by  fire 4,  p.  2079,  §  1379 

2,  Deati-uctlon  of  Pcrsonalt<j  hy  Fire  bij  Ilailroads. 

ranning  locomotive  without  charter  authority  makes  railroad 

absolutely  liable  for  fire 3,  p.  2131,  §  1357 

with  charter  authority  railroad  liable  only  for  negli- 
gence   3,  p.  2452,  §  1357 

duty  of  railroad  as  to  construction  of  engines;  spark  ar- 
resters  3,  p.  2453,  §  1353 

duty  of  railroad  as  to  keeping  and  management  of  en- 
gine  3,  p.  2151,  §1359 

liabiUtv  of  railroad  for  failing  to  extingnish  fire 3,  p.  245tj,  §  1359 

duty  of  railroad  as  to  track  and  right  «>f  way 3,  p.  215G,  §  1300 

destruction  of  proi)erty  by  fire  by  railroad  engine  raises  pre- 
sumption of  negligence 3,  p.  2138,  §  13f51 

evidence  of  other  and  distinct  fires,  when  admissible 3,  p.  2459,  §  13G2 

contributory  negligence  of  adjoining  owner,  what  is 3,  p.  24(51,  §  13G3 

statutory  liability  of  railroads  for  causing  fires 3,  p.  2405,  §  1304 

lessor  liable  for  injuries  by  fire  by  railroad  leased 2,  p.    9S3,  §    549 


6554 


FIRE — FISH. 


Fire— (Continued.) 

not  liable  for  accidental  burning  of  supplies  at  its  stations, 

which  spreads  and  does  dfunayo 2,  p.  1000,  §    6C2 

3.  MiiffrllinciiHs  (\wK. 

society   for  protection  of  property  from   fire  a  charitable 

institution 3,  p.  1133,  §    G22 

slanden  on  e:igineer  of  fire  department 3,  p.  2244,  §  1253 

ri^lit    to     destroy    property     to    prevent    the    spread    of 

fire 5,  p.  4353,  §  2WJ!);  7,  p.  CllO,  §  3SS4 

master,  in  the  absence  of  a  statute,  not  bound  to  provide 
means   of  escape  from  a  factory  ■where  firo  is  not 

caused  by  his  neglect 1,  p.    533,  §    302 

Firearms. 

person  not  liable  for  injury  caused  by  pistol  accidentally 

going  ofT 3,  p.  1713,  §1013 

liability  for  negligent  use  of  firearms 3,  p.  11)S2,  §  1145 

cue  who,  in  violation  of  the  law,  sells  revolver  to  boy,  not 
answerable  to  parents  for  boy's  carelessly  shooting 

himself 2,  p.  1489,  §   810 

Fireman. 

See  also  MuNicirAL  Corporations. 

may  sue  city  for  injury  through  defect  in  street 1,  p.    613,  §    294 

Fish. 

See  Animals. 

right  to  take  fish  in  fresh-water  streams  belongs  to  owners 

of  soil  under  tliein,  to  exclusion  of  pulilic 6,  p.  4790,  §  2938 

right  may  be  acquired,  distinct  from  ownership,  by  grant  or 

prescription 6,  p.  4790,  §  2938 

same  rule  applies  to  small  lakes  and  ponds 6,  p.  4791,  §  2038 

not  to  larger  lakes 6,  p.  4791,  §  2933 

public  have  right  to  fish  in  ponds  or  streams  unless  forbid- 
den by  notice 6,  p.  4791,  §  2938 

fisherman  leaving  his  boat  on  shore  or  tying  it  to  barge  not 

a  trespasser 6,  p.  4792,  §  2938 

in  tide-waters  right  to  take  fish  belongs  to  public,  and  is 

common  to  all 6,  p.  4792,  §  2939 

in  some  states  private  persons  may  obtain  exclusive  rights 
of  fishery  by  grant  from  state,  or  by  prescrip- 
tion  6,  p.  4792.  §  2939 

person  does  not  get  title  to  fish  in  nets  until  they  are 

landed 6,  p.  4794,  §2939 

right  to  fish  is  subordinate  to  right  of  navigation 6,  p.  4792,  §  2939 

one  navigating   the  water  liable  for  negligent  injuries  to 

seines,  nets,  oyster-beds,  etc. ,  there. 6,  p.  4793,  §  2939 

right  of  taking  shell-Hsh  inc'uded  in  riglit  of  fishing  in  tide- 
waters, whether  such  shell- fish  are  imbedded  in  soil 
or  lie  upon  surface 6,  p.  4793,  §  2939 


5G2 


302 


FISH — FIXTUIIES,  6555 

Pish— (Continued.) 

rights  of  persons  planting  oysters  in  navigaMo  stream. 

6,  p.  47!)3,  §  'J939;  7,  p.  5057,  §  3057 
state  may  regulate  taking  of  fish  in  certain  ways  or  at  ■  cr- 

taiu  times 6,  p,  479t,  §  '-'940 

Fixtures. 

fixtures  defined 0,  p.  4700,  §  2890 

■what  are 3,  p.  t.'437,  §  1344 

tlie  dilTurent  tests  and  the  status  of  parties  as  affecting  the 

question 6,  p.  4711,  §  2S90 

what  are  Hxtures  mixed  question  of  law  and  fact. . .  .6,  p.  4711,  §  2690 
at  common  law  bona  fide  h(ddcr  could  not  recover  for  im- 
provements made  by  him  on   land  believing   he  had 

title 6,  p.  4712,  §2391 

but  in  action  for  meanj  profits  improvomunts  miy  be  re- 
couped  6,  p.  4712,  §  2S91 

right  to  improvements  under  "betterment"  and  "occupy- 
ing claimant"  laws 6,  p.  4712,  §  2i91 

whe'her  erection  is  or  is  not  a  fi.xture,  annexation  as  the 

test 6.  p.  471.*],  §2892 

removability  without  injury  to  the  premises  as  the  test.6,  p.  4714,  §  2893 

application  or  adaptability  to  the  use  as  the  test 6,  p.  4714,  §  2894 

intention  as  the  tes"; 6,  p.  4715,  §  2895 

wrong-doer  may  lose  his  pro|.crty  by  attaching  it  to  real 

estate. G,  p.  4717,  §  2S9G 

materials  of  third  person  may  be  recovered  as  long  as  they 

can  be  traced 6,  p.  4718,  §  2SD6 

parties,  by  agreement,  may  give  to  buildings  on  land  chnr- 
acter  of  personalty  or  of  realty,  if  rights  of  third  per- 
son not  affecte  1 6,  p.  471S,  §  2S97 

Biich  agreement,   being  one  relating  to  personal  property, 

good  by  parol 6.  p.  4719,  §  2897 

may  be  implied  from  circumstances  of  case,  from   relations 

of  parties,  or  from  usage  and  custom 6,  p.  4719,  §  2S97 

under  agreement,  lessee  may  remove  building  during  contin- 

uance  of  lease 6,  p.  4720,  §2897 

gas-pipes  in  streets  of  cities 6,  p.  4720  §  2897 

person  umler  legal  disability  cannot  give  consent  to  erection 

of  building  on  land e,  p.  4721,  §  2S97 

right  to  remove  fixtures  as  between  heir  and  executor.  .6,  p.  4724,  §  2893 

landlord  and  tenant 6   ,,_  Al2^,  §  2899 

vendor  and  vendee G,  p.  4729,  §  2900 

mortgageor  and  mortgagee 6,  p.  47.3l[  §  >2.m\ 

when  buildings  are  and  are  not  fixtures 6,  p.  4734^  §  2902 

gas  fixtures,  gas-pipes  and  water-pipes 6,  p.  4735,  §  2903 

.     when  machinery  is  and  is  not  a  fixture 6,  p.  4735,  §  2904 

other  things  which  are  and  are  not  fixtuies 6,  p.  4742,'  §  2905 


0556  FOOD— J('0riWAKDEE3. 

Food. 

See  Wat{rantie9. 

public  caterer  liable  for  injury  by  unwhoieaome  food.  .3,  p.  1930,  §  1143 
Foreclosuro. 

Seo  MoinoAors,  9. 
Foreign  Assi^*nrient3. 

See  CoNKLicroP  LaW& 
Foreign  Bill. 

See  NkiJOTIABI.K  IsSTRUMEJfTS, 

Foreign  Corporations. 

Sec  CoitronATioNS. 
Foreign  Laws. 

contracts  violating  foreign  laws,  when  invalid 6,  p.  3393,  §  2394 

Foreign  Principal. 

a^jent  of  foreign  principal  is  not  liable  per  se  on  con- 
tract  l,p.    170,3    105 

Forfeitures. 

See  Damaoks;  Landlord  and  Tenant,  6;  Real  Pbopertt,  4. 

of  office,  SCO  Officers  and  Offices,  2. 

of  shares  of  stock  in  corporation,  soo  Corporation,  5, 

of  franchise,  see  Corporatxon,  C. 
Forgery. 

See  rAyMF.NT,  1. 

bank  pays  forged  or  altered  check  at  its  peril 3,  p.    953,  §    534 

liability  of  bank  receiving  forged  notes  on  deposit 2,  p.    9G6,  §    536 

liability    of    party    to   noto    or    bill    where    signature    is 

forged 4,  p.  2773,  §  1593 

payment  of  forged  commercial  paper  4,  p.  2775,  §  1398 

when  drawer  liable  for  money  paid  on  forged  or  altered  in- 
strument; negligence  in  filling  blanks 4,  p.  2790,  §  ICIO 

certification  of  check  admits  signature  of  drawer,  but  does 
not  estop  bank  from  showing  forgery  in  body  of 
paper 3,  p.    943,  §    531 

depositor  not  required  to  examine  bank-book  or  vouchers 

with  a  view  to  detection  of  forgeries  of  name. . .  .3,  p.    931,  §    623 

has  a  right  to  assumo  that  bank  before  paying  checks,  will 

ascertain  genuineness  of  signature 2,  p.    931,  §    523 

for  negligently  delivering  forged  dispatches,  telegraph  com- 
pany liable  for  damage  sustained 4,  p.  3338,  §  1959 

if  shares  are  transferred  upon  the  stock-book  upon  forged 
indorsement  or  forged  power  of  attorney,  real  owner 
not  divested  of  his  right  as  stockholder 1,  p.    777,  §    4G7 

person  may  ratify  forgery  of  his  name 1,  p.     37,  §      31 

Form  of  Action. 

See  Pleading  and  rRAcriCE,  2,  14. 
Forwarders. 

ordinary  care  required  of  forwarders 4,  p.  2956,  §  1729 


Fr^ 
Frs 


Fr 

Fi 

F; 


FOURTH  OF  JULY — FllEIGHT.  C557 

Fourth  of  July. 

Sc('  Xkiiutiablk  Instruments,  4. 
Franchise. 

See  (.'ourORATIONS;  Railhoads,  1, 

Fraud. 

See   False  Rf.presentations. 

of  liushaml  ami  wife,  see  Husband  and  Wife,  7. 

niarriii^'i!  prDciiroil  liy  force,  fraud  or  duress,  v(iii]a])le.  .2.  p.  1301,  §    710 

marriage  ])r()cured  by  fraud  or  force  cau>e  for  divorce.  .2,  (>.  \  14'2,  §    7t>7 

ec^uity  will  annul,  at  suit  of  either  party,  juiljiinpnt  of  di- 
vorce obtained  by  fraud 2,  p.  142!),  §  780;  S,  p.  1457,  §    801 

8ubscri})tioiis  to  stock  obtained  by  fraud  or  fraudulent  rep- 
resentations are  voidable 1,  p.    7>')1,  §    4r)2 

liability  of  directors  for  fraud  an<l  fal.se  representations  1,  p.    61)4,  S    4i;{ 

that  charter  of  corporation  was  obtained  by  fraud  no  defense 

in  collateral  proceeding 1.  p.    fi3G,  §    370 

rif;ht  to  recover  for  services  rendered  through  fraud 1,  p.    442,  §    243 

contract   by   client   with   attorney   for    conij  cnsation    for 

services  must  be  fair  and  tqiiitable 1,  p.    344,  §    206 

carrier  may  rtfu.'-e  t  cket  obtained  by  fraud 4,  p.  32.")4.  §  11)03 

decree  obtdned  by  fraud  void 6,  p.  41)78,  §  300!) 

fiaud  and  undue  iulluence  in  procuring  will,  what  is  ellect 

of 6,  p.  5134,  §  3159 

agreement  procured  by  mistake  or    fraud,   voidable,    not 

void 5,  p.  3939,  §  2358 

written  contract  can  be  varied  to  prove  that  agreement  was 
induced  by  fraud  or  duress,  or  inii>roper  inHuence  of 
one  of  the  parties 5,  p.  3SS3,  §  2314 

fraud  or  misconduct   of  insured   will   prevent  recovery   on 

polii;\ ,  when 5,  p.  3558,  §  2000 

an  insurance  policy  procured  by  fraud  is  void 5,  p.  34t)G,  g  2043 

cue   who   has     obtained     another's     jiroperty   by  fraud    is 

trustee  for  him  ex  malfjicio 4,  p.  3426,  §  2013 

liability  of  partnership  for  frauds  of  jiartner 

2,  p.  1225,  §  C50;  2,  p.  1227,  §    G51 
Fraudulent  Conveyances. 

See  MoKHJAtJEs,  12;  Husband  and  Wife,  7. 

right  of  attaching  creditor  to  set  sside  fraudulent  convey- 
ance   7,  p.  5544,  §  3567 

Fraudulent  Representations. 

See  False  Hepkesen tations. 
Freight. 

See  Carriers;  Insurance,  f. 

agent  who  receives  freight  consigned  to  him  is  personally  lia- 
ble for  charges 1,  p.    178,  §    109 

otherwiiC  where  agency  is  known,  and  there  is  no  stipulation 

in  bi  1  of  lading  that  coueiguee  shall  pay  freight. .  1,  p.    178,  §    109 
Lawsom  R.  &  R.— 458. 


0558  FREIGHT— GARNISHMENT. 

Freight— (Continued.) 

iinpliud  powers  of  freight  agont l.  p.    HG,  §     76 

Fruit  and  Vegetables. 

See  Ai-CEssIon;    T11EK.S. 

vejjf  tables  when  severed  from  ({round  are  chattels 3,  p.  2443,  §  1350 

wild  lierry  when  picked  is  a  chattel 3,  p.  'J  t4.l,  §  1 3')0 

fruit  as  chattels 3,  p.  i2413,  §  1350 

where  fruit  Mows  or  falls  from  trees,  or  l()f,'s  or  other  prop- 
erty  carried  hy  HckmI  on  another's  property,  lirst  own- 
er may  abandon  it  without  being  liable  for  daniauo  it 

does 3,  p.  23SC,  §  1310 

Fund. 

compensation  of  attorney  out  of  fund  in  court  when  al- 
lowed  1,  p.    332,    §201 

Funeral. 

See  Burials.  » 

Gaming. 

See  also  WaokrS. 

premises  kept  for  gaming  purposes  may  not  be  insured .  5,  p.  3490,  §  2043 
Games. 

persons  using  highway  for  games  or  sports  liable  for  in- 
juries to  travelers 3,  p.  2037,  §  11C4 

contributory  negligence  of  child  using  highway  for  games  or 

sport 3,  p.  2051,  §  1170 

Garnishment.  * 

See  also  Attachmknt. 
garnishment  defined;  called  trustee  process  and  factorizing 

in  some  states 7,  p.  5.")70,  §  3590 

equity  has  no  jurisdiction  in 7,  p.  5570,  §  3590 

a  statutory  remedy;  statutory  forms  must  be  followed  7,  p.  5570,  §  3591 

process  cannot  be  aided  or  expedited  by  garnishee 7,  p.  5571,  §  3591 

garnishee  cannot  waive  service  of  proceedings  required  by 

law 7,  p.  €>:71,  §  3591 

aflBdavit  defective,  voluntary  appearance  by  defendant  does 

not  waive  defect  or  give  jurisdiction 7,  p.  5571,  §  3591 

garnishment  is  a  "suit"  within  the  statutes,  and  plaiutilf 

has  all  rights  of  ordinary  plaintiff. 7,  p.  5571,  §  3592 

process  may  be  served  upon  garnishee  without  notice  to 

principal  defendant 7,  p.  5571,  §  3592 

defendant  to  original  suit  under  no  obligation  to  defend.  7,  p.  5571,  §  3592 
death  of  plaintiff  before  judgment  against  garnishee  does 

not  rsnder  judgment  void 7,  p.  5572,  §  3592 

form  of  execution  against  garnishee 7,  p.  5572,  §  3592 

no  lien  on  debt  acquired  by  garnishment 7,  p.  5572,  §  3593 

who  may  be  garnished — corporations 7,  p.  5573,  §  3594 

non-residents 7,  p.  5574,  §  3595 

judgment  debtors 1 7,  p.  5575,  §  3596 


GARNISHMENT.  C5o9 

Garnishment -(Continued.) 

executor.,  a.lrninistrators  anJ  guar.lians 7.  p.  n.-;-..  ?  mi 

.hc.n,U  a,.a  oHicer.  of  court 7,    ..  ,,;,.      ,,  ,^ 

att,,r..ey«.at.law-jU8tico  of  the  peace 7.  p.  .-,:,*).  §  ;{.;„0 

state.  au,l  state  o(ii.ers-nuuuoipal  corporation., 7     ..  .-.SSO    '  mn 

garoLsLee  must  bo  a  "  thinl  pernou  " 7,  ,,  -  -  y.    s  ..joo.. 

one  of  several  ilLfcn.lants  cannot  be  helda8garniHl...e  of  .„|..  '  '         ' 

■ 7,  1 1,  .''ti'2,  S  3(ii  i'» 

.  nor  agent  for  money  of  principal  in  his  hands 7,  v   X.s"   i  •jGiv' 

trespasser  in  possos.ion  of  another's  goods  cannot  be  .  L.r.'ed         "'  '  '      " 

as  garnislieo ~     ^   ....    ..,,.,, 

common  carrier  not  subject  to  garni.hm'Jnt  "foVgo.'ds'in  "'  "  ^  *  "' 

actual  transit 7.  p.  TmS.^  S  .-.Ou;, 

property  outs.de  state  cannot  be  garnished 7,  p.  S.iS.S,  S  Hm 

holder  of  a  gratuitous  gift  of  mouey  cannot  be  held  trustee 

by  donor's  creditor 7     ..  ,.,.,^  j.  ,,.,,, 

money  in  hands  of  person  wrongfully 7,  ,,.  5,-,,s;{   ^  .i,t„.j 

wite  may  be  charged  as  trustee  of  laisbaiid 7   j,   ;-,.-)S4'  §  'Hm 

trustee  not  chargeable  for  m.^neysdue  under  illeg.il  sale  7,'  p.  5r.S4'  §  3G03 
garnishee  must  have  personal  property  of  defendant  subject 

to  execution ~   .     ,.„,    o  n,.n. 

or  defendant  must  have  a  cause  of  action  against  him.  .7,  i..  5.-.8r>  «i  inm 

real  estate  not  garnishable 7.  p.  558!);  §  3C()G 

proper  y  must  be  ,n  possession  of  garnishee 7.  p.  5589,  §  3607 

property    must  be    that    of    defendant    absolutely;    trust 

r.ri    /"r'':""';'", 7,  p.  5589,  §  3C08 

privity  of  interest  and  contract  between  defendant  and  gar- 

Dishee  necessary 7,  p.  5591,  §  3609 

plamtiff  acquires   only   rights  of    defendant    a-'ainst   gar- 

.,,    "f^^ • •- 7,  p.  5.591.  §3610 

what  defenses  may  and  must  garnishee  set  up 7,  p.  gjyo  §  3(jn 

plaintiff's  rights  subject  to  pre-existing  contracts  of  gar- 

,ff    ,   °''^^^-. : 7,  p.  5.19.3,  §  3612 

effect  of  previous  assignment  of  property 7,  p.  55;,5,  §  3^,3 

p  edged  or  mortgaged  property 7^  j,.  ^-,jj^  g  3^,^^ 

plaintiff  s  right  against  garnishee  exists  only  as  long  as  his 

right  against  defendant 7  p  5597^  g  ggjg 

judgment  against    defendant  necessary    before    judgmpnt 

against  garnishee 7,  p.  5597,  §  3616 

garnishment  not  retroactive;   nor  can  it  reach  subsequent 

l'*^'"*'«« 7.  p.  5598.  §  3617 

fluccessive  or  several  garnishments;  priority 7,  p.  5599,  §  3618 

several  defendants  and  several  garnishees 7,  p.  5599  §  3519 

garnishee's  liabUity  to  defendant  must   be   affirmatively 

,.,  '^"7 :;•: 7, p. 56oo. § 3620 

debt  must  be  payable  in  money 7^  p  5501^  §  3521 


6560 


GARNISHMENl — GA3. 


Garnishment— (Continued .) 

must  not  ilejiend  on  contingency 7,  p. 

debt  must  not  be  due  or  payal)le  in  future 7,  p. 

negotialile  paper  cannot  be  garnished;  exception 7,  p. 

inttrrogatories  to  garnishee 7,  p. 

judgment  by  default  against  garnishee 7,  p. 

garnisliee  may  except  to  interrogat.rie? 7,  p. 

or  he  may  answer;  requisites  of  answer 7,  p. 

neeil  not  conform  to  technical  rules  of  pleading 7,  p. 

what  uarnisliee  not  required  to  answer 7,  p. 

garnishee's  answer  may  be  amended 7,  p. 

garnishee's  a<  swer  not  conclusive . .  7,  p. 

declarations  of  garnishee  to  disprove  answer  when  admis- 
sible     7,  p. 

garnishee,  when  liable  for  costs  and  when  entitled  to.  .7,  p. 

garnishee,  wlien  liable  for  interest 7,  p. 

agreements  and  payments  between  garnishee  and  defendant 
after  service 7,  p. 

set-off  by  garnishee,  when  allowed 7,  p. 

pebdency  of  a  suit  by  the  defendant  against  garnishee  no 
bar 7,  p. 

judgment  against  garnishee  a  bar  to  suit  by  the  defend- 
ant  7,  p. 

attorney  liable  as  garnishee  of  cl  ent,  when 1,  p. 

answer  and  admission  of  one  partner  in  garnisliment  will 

bind  other 2,  p. 

Gab. 

See  also  Negligence. 

power  of  citj'  as  to  gas  and  water  pipes 7,  p. 

gas  works,  when  a  nuisance 6,  p. 

gas  companies  are  not  public  corpomtions 2,  j). 

who  may  engage  in  business  of  furiii  hing  gas 2,  p. 

organization  of  coip<ration 2,  [p.  Kjlo, 

powers  of  gas  companies 2,  ]). 

powers  and  liabilities  of  officers  and  agents  of 2,  p. 

regulations  of  by  municipal  curpoiations 2,  p. 

couiructs  between  gas  companies  and  municipal  corimia- 
tions 2,  pp.  1017 

use  of  highways  by 2,  pp.  lull) 

duty  to  supply  gas  to  all 2,  pp.  liJ'JI, 

ii  valiil  gi'ouiids  for  refusing   2,  p. 

right  to  establish  reasonab  e  ngulations 2,  p. 

liabilities  of  gas  conii)anies  for  injuries  through  negli- 
gence  2,  pp.  10"J4 

contributory  negligence  as  a  defense 2,  pp.  lU.SO, 

riglit  of  company  to  sue 2,  p[).  1{)'A'2, 

liability  of  compaay  to  be  sued 2,  pp.  1032, 


500'-', 
5(iO-l. 
r)U()5, 
5G()G, 
r)()08, 
r)GU!>, 
u'lO!), 
51)10, 
5(111, 
5011, 
SOU, 


§  3G22 

§  m-2i 

§  3G'.'5 
§  8GJ6 
§  3G27 
§  .3l!2S 
§  3(1-29 
§  3(;30 
§  3031 
§  3032 


5G13,  §30.33 

5013,  §3034 

5014,  §  3034 

5014.  §3035 
5010,  §  3036 

5017,  §  3G37 

5017,  §.3G3S 
3U0,  §    179 

1225,  §    64S 


G272,  §  4000 
4S70,  §  3001 
1015,  §  570 
101.-.,  § 
lOIG.  § 
1010,  § 
101  (i,  § 
1017,  § 


570 
570 
570 
571 
572 


1010,  §  572 

1021,  §  573 

1022,  §  574 

1023,  §  576 
1023,  §  575 

1029,  §  577 

1031.  §  578 

1033,  §  579 

1033,  §  579 


GAS— GIFTS.  6561 

Gas— (Continued.) 

gas  company  liable  for  carelessness  of  person  who,  though 
formerly  an  agent  of  tlie  company,  is  no  longer  such, 
but  is  permitted  by  company  to  let  on  gas  when  eon- 

sumer  re.,..csts  it i    ,3.    513   §    294 

Gas  Companies. 

.See  (iAs;  Monopolies. 
Gas  Pipes. 

See  KlXTlTIiES. 

General  Agent. 

•See  ri.iNciPAL  AND  Agent. 
General  Average. 

■See  l.NsuKANCK,  f;  Siiirs  and  Sirrpixo. 
Gifts. 

See  Attorney  and  Client,  7, 

1.  IxTEii  Vivos. 

2.  CaCSA    AloHTIS. 

1.   (jlifls  inter  vivos. 

gift  inter  vicvs  defined 3^  p_  0400,  §  1304 

any  corporal  niovable  may  be  subject  of  gift 3,'  p.  2400,'  §  1325 

burden  of  proof  of  gift  of  chattel  ia  on  claimant 3^  p.  2400,'  §  1324 

subject-matter  of  gift  must  be  certain,  delinite  and  capable 

.  ,       «;d«"very 3,  p.  2401,  §  1326 

inter-led  donee  must  be  in  existence  at  time .3,  p.  2401,  §  1326 

on  question  of  gift,  donor  may  testify  to  his  intent. . .  .3,'  p.  2401,'  §  1326 
promise  to  make  gift  not  enforceable,  for  it  may  be  revoked 

by  promisor  at  any  time 3^  p.  2401,  §  1327 

intention  to  make  gift  unavailing  until  it  is  carried  out.. 3,'  p.  2401^  §  1327 
gift  of  chattel  to  take  etleet  in  future  not  enforceable.  .3,  p.  2402,'  §  1.327 

promises  in  domestic  relations  enf(,.ced  in  e(iuity 3,  p.  24U2  §  1327 

voluutary  .subscription  for  charitable  j-     ;,oses  may  be  en-' 

,        ^"'""'i: 3,  p.  2402,  §  1327 

where  condition  annexed  to  gift,  it  must  be  performed  or  it 

will  revert  to  donor 3,  p.  2404,  ^ 328 

delivery  essential  to  gift;  what  is  and  is  not  a  valid  deliv- 

.,,      ^""^ • 3,  p.  2403,  §1329 

gift  ;.,ay  be  presumed  from  delivery.  3,  p.  2107,  §  1329;  3,  p.  2428,  §  1336 

acceptance  necessary  to  validity  of  gift 3^  p_  0413'  §  1330 

a.ceptance  of  gift  by  donee  presumed 3'  p[  04^3'  §  233Q 

gift  once  perfected  by  delivery  irrevocable,  and  divests  tlie  " 

title  of  donor,  his  administrator  and  creditors  . .  .3,  p.  2414,  §  1331 

consideration  not  necessary  to  valid  gift 3'  p.  2414'  §  1331 

gift  of  produce  or  interest  of  fund  without  limitation  is  j-'ift  " 

of  the  fund  itself 3    p   0414^  §  133J 

gift  of  personal  property  for  life  with  absolute  power  of  dis- 
posing amounts  to  an  absolute  gift  of  it,  and  re- 
mainder over  to  another  of  what  is  left,  is  void.  .3,  p.  2414,  §  1331 


6562 


GIFTS — GOLD. 


Gifts— (Continued.) 

remainder  over  after  an  estate  for  life,  with  only  the  use  of 

the  property  during  that  time,  ia  good 3,  p.  241 4,  §  1 331 

gifts  between  parent  and  child  not  favored 3,  p.  1524,  §    838 

husband  may  make  gifts  and  present  to  wife 2,  p.  1313,  §    716 

power  of  corporation  to  give  away  its  property 1,  p.    675,  §    403 

present  by  master  to  servant  not  to  be  deducted  from  his 

M'agfcs 1,  p.    467,  §    266 

2.  Oifls  Causa  Mortis. 

what  is  a  donatio  causa  mortis 3,  p.  2415,  §  1332 

must  be  made  in  expectation  of  death 3,  p.  2415,  §  1332 

invalid  testamentary  disposition  will  not  be  supported  as 

valid  gift  m?Mrt  ntortis 3,  p.  2416,  §  1332 

inefifectual  gift  inter  vivos  will  not  be  supported  as  a  gift 

causa  mortis 3,  p.  2416,  §  1332 

gifts  causa  mortis  are  not  favored  by  courts,  and  are  required 

to  be  strictly  proved 3,  p.  2416,  §  1332;   3,  p.  242S,  §  1337 

are  on  condition  that  gift  shall  be  absolute  only  in  case  of 

donor's    death,    and   shall    be   revocable  during    his 

life n   p  "-117,  §  1333 

if  donor  recover  from  his  illness,  or  if  he  resume  the  posses- 
sion of  gift,  it  will  be  defeated 3,  p.  2417,  §  1333 

what  property  may  and  may  not  be  the  subject  of 3,  p.  2418,  §  1334 

delivery  of  property  essential;  what  is  and  what  is  not  a 

valid  delivery 3,  p.  2419,  §  1335 

acceptance  of  donation  necessary 3,  p.  2427,  §  1336 

gift  causa  mortis  does  not  require  witnesses 3,  p.  24JS,  §  1337 

no  limitation  to  amount  of  property  one  may  so  dispose..  3,  p.  2428,  §  1337 
married  woman's  gifts  causa  mortis  not  limited  by  statutory 

limit  as  to  the  amount  of  property  she  may  leave  by 

will 3,  p.  2428,  §  1337 

title  to  gift  causa  mortis  passes  by  delivery,  defeiisable  oidy 

in  lifetime  of  donor 3,  p.  2428,  §  1337 

donatio  causa  mortis   becomes  valid  only  upon   decease  of 

donor 3,  p.  2428,  §  1337 

if  will  ia  made  after  a  donttin  causa  mortis,  donatio  is   set 

aside 3,  p.  2423,  §  1337 

Qood-Will. 

deHned 2,  p.  1270,  §    685 

rights  of  partners  in  good-will  of  business 2,  p.  1271,  §    685 

rights  of  purchasers  of 2,  p.  1271,  §    686 

duties  of  vendor  of 2.  p.  1272,  §    687 

contracts  for  sale  of  good-will  of  business,  when  sijecifically 

enforced  by  equity 5,  p.  4261,  §  2507 

good- will  of  business  personal  property 3,  p.  2445,  §  1353 

Gold. 

See  Mines  and  Mining;  Monet. 


GOVERNOR — GUARDIAN  AND  WARD. 


6563 


266 


Governor. 

See  KxECCTiVE;  Constitutional  Law. 
absolute  privilege  for  slanderous  words  extends  to  the  presi- 
dent of  the  United  States,  and  governors  of  different 

states 3,  p.  2307,  §  1282 

Orain. 

See  Crops. 
Grand  Jury. 
See  Jury. 
Grant. 

to  corporations,   see    Cokporatioxs,   1;    Railroads,   2; 
PrBLic  Grants. 
Gratuitous  Services. 

See  Bailments;  Consideration;  Master  and  Servant,  1. 
Guardian  and  Ward. 

aa  to  guardian's  bonds,   see  Suretyship  and  Guaranty;  Pa- 
rent AND  Child,  5. 

1.  Different  kinds  of  Guardians. 

2.  Appointment  of  Gu^vrdians;  Termination  of  Guardian- 

ship. 

3.  Powers,  Duties  and  Liabilities  of  Guardian. 

4.  Suits  by  Ward  against  Guardian;  bv  Guardian  against 

Ward. 
1.  Different  Kinds  of  Guardians. 

guardian  defined 2,  p.  l.'i.14,  §    841 

guardian  by  nature  and  nurture 2,  p.  15.34,  §    842 

office  belongs  to  father  and  then  to  mother 2,  p.  lo.'U,  §    842 

authority  of 2,  p.  15:55,  §    842 

guardian  in  socage 2,  p.  15.35,  §    843 

testamentary  guardians;  whc  may  be 2,  p.  15^6,  §    844 

supersede  other  guardians 2,  p.  1 5.SG,  §    844 

mode  of  ai^pointment  of 2,  p.  1536,  §    844 

who  may  appoint 2,  p.  1 537,  §    844 

guardianship  in  chancery 2,  p.  1538,  §    845 

probate  guardianship;  jurisdiction  of  courts  of  probate  to  ap- 
point guardians 2,  p.  1538,  §    846 

guardian  by  appointment  of  infant 2,  p.  1 540,  §    847 

mode  of  appointment 2,  p.  1541,  §    847 

guardians  of  lunatics,  drunkards  and  spendthrifts 2,  \>.  1541,  §    848 

guardians  of  married  woman 2,  p.  1548,  §    849 

guardians  of  poor ,2,  p.  1548,  §    850 

guardians  of  fund  during  judicial  controversy 2,  p.  1548,  §    850 

guardians  ad  litem 2,  p.  1527,  §  840;  2,  p.  1548,  §    851 

2.  Appointmrnt  of  (Utardian,  Termination  of  Guardianship. 

territorial  jurisdiction  of  court  to  appoint 2,  p.  1549,  §    852 

letters  obtained  in  the  wrong  county,  are  null  and  void, 

and  may  be  collaterally  impeached 2,  p.  1549,  §    852 


^?' 


65G4 


GUARDIAN  AND  WARD. 


Guardian  rnd  Ward— (Continued.) 

when  non-resident  has  property  in  diCFerent  counties. .  .2,  p. 

who  may  be  appointed  yuardiaus 2,  p. 

infants 2,  p. 

discretion  of  court  in  selecting  guardian  not  revertaUo  an 

appeal 2,  p. 

second  appointment  of  same  person  void 2,  p. 

parents  of  children  have  lirat  right 2,  p. 

rights  of  relatives 2,  p. 

married  women  not  generally  ai)pointed  guardians 2,  p. 

non-n  sidents  will  not  be  appointed  guardians 2,  p. 

mode  of  appointment  of  probate  guardians 2,  p. 

letters  of  guardianship  cannot  be  culiaterally  at  acked.2,  p. 
termination  of  guardianship — by  ellluxion  of  time,... 2,  p. 

by  death  of  ward 2,  p. 

by  marriage  of  ward 2,  p. 

by  death  of  guardian 2,  p. 

by  resignation  of  guardian 2,  p. 

removal  of  guardian  for  cause 2,  p. 

what  is  and  is  not  "good  cause"  for  removing  guardian. 2,  p. 
3.  Powers,  Duties  and  Liabilitifs  <)/*  Guardian. 

guardian  is  of  both  person  and  property  of  ward 2,  p 

joint  guardians,  rights  and  liabilities  of 2,  p. 

liability  of  guardian  who  is  also  executor 2,  p. 

quasi  guardian  is  one  who  takes  hold  of  ward's   ail'airs 
without  an  appointment 2,  p. 

or  where  appointment  was  without  jurisdiction 2,  p. 

or  who  holds  on  after  authority  has  legally  ceased.  ...2,  p. 

such  a  person  quasi  guardian,  liable  as  a  trustee 2,  p. 

right  of  guardian  to  custody  of  ward   2,  p. 

to  change  his  domicile 2,  p. 

to  services  of  ward 2,  p. 

to  sue  for  injuries  to  ward 2,  p. 

powers  and  duties  of  guardian — in   management   of   ward's 
estate 2,  pp.  1 501  - 

to  sue  and  arbitrate 2,  p. 

to  sell  ward's  realty 2,  pp.  1 507- 

practice:  proceedings  by  guardian  to  sell  ward's  realty.. 2,  p. 

when  guardian's  sale  void 2,  p. 

duty  of  guanlian  to  render  accounts 2,  p. 

annual  accounts  not  conclusive 2,  p. 

aliter  as  to  final  accounts 2,  p. 

requisites  of  linal  accounts 2,  p. 

settlements  with  wards,  how  construed 2,  p. 

liabiliiies  of  guardian;  must  act  with  diligence 2,  p. 

liable  for  negligence  by  which  estate  sull'crs 2,  p. 

not  responsible  for  money  stolen  from  him 2,  p. 


1549,  § 

852 

1550,  § 

853 

14;.'6,  § 

824 

1.-50,  § 

854 

15,-)0,  § 

854 

1551,  § 

854 

1551,  § 

854 

15.-.'_',  § 

855 

1552,  § 

855 

155:{,  § 

85G 

1553,  § 

8:7 

1554,  § 

858 

1554,  § 

859 

1554,  § 

800 

1555,  § 

801 

155>,  § 

802 

1550,  § 

803 

1550,  § 

8G4 

1558,  § 

805 

J55S,  § 

806 

1559,  § 

807 

1500,  § 

808 

15(i0,  § 

808 

1500,  § 

808 

1500,  § 

808 

1.  00,  § 

809 

1500,  § 

870 

1501,  § 

871 

1501,  § 

871 

15(15,  § 

872 

1505,  § 

873 

1571,  § 

874 

1509,  § 

874 

1570,  § 

874 

1571,  § 

875 

1572,  § 

875 

1572,  § 

875 

1573,  § 

875 

1574,  § 

875 

1575,  § 

876 

1575,  § 

876 

1575,  § 

876 

§    852 
]    824 


GUARDIAN  AND  WAItD.  (J^Q^ 

Guardian  and  Ward-(Continue.l.) 

nor  for  loans  on  bad  security  o        i --p   «      - 

l.ab:hty   of   yua.diau   for   fa.l,„.    to    collect    deUs  due  Z'  '  '       '' 

rate 

miiifiling  trust  money \vitli  'his  „ wn '.".'. o'  !''  !'-^'  ^  f!^ 

lial.il.ty  for  money  d.-posited  in  bank  wl.id;  fa;;;.'.;:  's'    ^  ^7  '  S"  ■ 

for  receiving  paper  whi.h  afterward  depreciates ....  .2,  u    J  ',:o  t  g'fi 

not  liable  for  tort  of  his  ward  J    '      -1   '  ^  ^'^ 

nor  for  mcmey  paid  to  hi.n  as  s„eh  by  n.i;;ak;;hJn.'he  h 's  ^  '"' 

paid  It  over  to  the  ward  before  notice 2    u    nrs   S  «-r 

nor  for  failing  to  injure  a  farmhouse 2      '  irs' f  ^-r 

nor  for  an  error  of  judgment 2  --V  «-, 

guardi^  liable  on  contracts  made  by  him' }<:;  wL^d^J  W  '^  ' 

nt 

when  not  personally  liaV.Ie'. '.'.". g     ''  ! -^','  !    fj. 

guardian  not  parent  of  the  ward.  not'LLiiged  i^^upp^i-t  hiu'        '"  ^ 
from  his  own  purse 2         i  -cq    « 

not  liable  on  the  wards  contract^;  ;;;;;f.:;  i;;:;;,;.;;;  t  !;•  fJ !  !il 

guardian  is  presumed  to  supply  his  ward  .Uh :":::.ij:-  '"'''  ^  ''' 
person  supplying  them  must  contract  with  the  .'uar- 

dian.  and  not  with  ward o    „    ,-«,   „  „.,„ 

Where  headvances  money  for  support  and  ed^'eLuon  of'.^i-J  '  ^      '' 

he  IS  entitled  to  reimbursement  from  estate 2    n'   1383  S  8"^ 

^ardian  cannot  recover  against  ward  for  board  when.  .2,   .      .4  ' 

right  ot  guardian  to  recover  for  support  of  M-ard 2    n    15^  S    8^S 

guardian  has  discretion  in  making  expenditures  for  suppo.t 
of  ward  , ' 

must    not    spend    mor;'Vhan' 'in^;;;;'  without' 'onler 'of  ^'^'' ^    ^"^ 
court 

order  in  which  ward';'pi;iJrtysh;uid'b;'exp;;ided:  in  hi^'  '"''' ^  ^'' 

support  and  maintenance o,  ,-07   „  ^-^ 

transactions  between  guard.an  and  ward  s'c'rutinize'd;' ../aj.'  '  ^  ' 

dian  a  trustee o 

sales  of  property  by  guardian  to'  wJr'd.' .'.'■■.' o'  '''  -,,,'  ^  f  JJ 

gifts  of  property  by  guardian  to  war.l .' o'     '  '^'t  ,^  ^l; 

profits  of  transaction  belong  to  ward.. . .               o,  -,.,7  J  Jl"^ 

ward  may.  after  coming  of  age,  r.tify  void;b'i;  'ac'tl  of  '.u'ai- ' 
dian " 

duty  of  guardian  to  file  inv-enti.ry g     *'  1 1^^.".'  ^  ^^^ 

compensation  of  guardian,  measure  of 2u    l.''n   ^  f  7 

when  guardian  not  entitled  to  compensation  ...!."  "2'  u'  mii   l  sS 
appellate  court  will  not  review  finding  of  referee  as 'to  the 

commission  aHowed  guardian 3    ,,    ^jn-    „  o„ 

attorneyat  law.  guardian  of  minors,  can  charge  wa'r'ds  for 

professional  services j  000 

rights  and  liabilities  of  guardian  of'appreuti'c"e!.'.*.'.'.'l,' p.'iU'y,  gj'03;^  ij^ 


6566 


GUARDIAN  AND  "WARD — HEIRLOOMS. 


Ouardian  and  Ward— (Continued.) 

4.  HuitH  by  Ward  ai/oinst  Ounrdian;  b;/  Gnnrdicn  against  Word. 

actiou  of  account  lies  by  ward  against  guardian  after  expira- 
tion of  guardianship 2,  p.  1C05,  §    888 

during  guardianship  bill  in  equity  lies 2,  p.  1005,  §    888 

statutory  methods  of  calling  guardian  to  account 2,  p.  IGuG,  §    888 

actiou  to  recover  money  due  infant  must  be  brought  in  the 

name  of  the  infant  by  guardian 2,  p.  160G,  §    888 

guardian  of  infant  appointed  by  probate  court  not  trustee  of 

express  trust 2,  p.  160G  n,  §    888 

guardian  estopped  from  denying  legality  of  his  appi)intment 

where  he  has  accepted  otiice 2,  p.  1006,  §    888 

ward  may  sue  guardian  for  assault  and  battery 2,  p.  1G06,  §    8S8 

ward  may,  through  prochein  ami,  maintain  bill  to  set  aside 

an  unlawful  conveyance  by  guardian 2,  p.  160G,  §    888 

after  ward  becomes  of  age,  cause  of  action  is  then  complete, 
and  must  bring  suit  within  the  time  limited  by 
statute 2,  p.  IGOG,  §    888 

assumpilt  not  maintainable  by  ward  agnnst  guardian.  .2,  p.  16U6,  §    888 

a  ward  may  file  bill  to  recover  part  of  his  estate  when  guar- 
dian and  sureties  are  insidvent 2,  p.  1G06,  §    888 

ward  of  age  may  sue  guardian  on  bond  for  failure  to  pay  over 

money  without  obtaining  his  removal 2,  p.  1G07,  §    888 

curator,  before  final  settlement,  cannot  be  sued  by  ward  for 

money  had  and  received 2,  p.  1007,  §    888 

in  bill  by  infants  against  guardian  for  account  and  payment 

the  court  may  appoint  a  receiver  to  collect 2,  p.  1C07,  §    888 

to  compel  filing  of  deceased  guardian's  account  new  guar- 
dian must  be  appointed 2,  p.  1007,  §    888 

until  reh-vtion  of  guardian  ami  ward  determined,  no  action 

accrues  to  guardian  against  ward  for  advances.  .2,  p.  1G07,  §    888 

action  for  money  had  and  received  may  be  maintained  by 

former  guardian  against  ward  when 2,  p.  1G07,  §  888 

Gunpowder. 

See  Neglioence,  1, 
Habeas  Corpus. 

party  refusing  to  surrender  custody  of  infant  child  may  be 

ordered  in  habeas  corpus 2,  p.  1482,  §    817 

Hackmen. 

hackmen  and  cab-drivers  are  common  carriers 4,  p.  30S2,  §  1792 

liV   ..    uaj  is  must  be  kept  in  safe  condition 3,  p.  2006,  §  1 152 

;-«">  '  ;■  y«T  iTiTTioNAL  Law,  9;   Disease;  Municipal  Cob- 

KATIOXy,  1,  3. 

Heirlooms. 

Bee  Keal  Property,  1. 


8S8 


HIGHWAYS— HORSES.  65G7 

Highways. 

See  Municipal  Corporations,  3,  4;  Negligence,  3;  Rail. 

P.OADS,  2,    3. 

person  not  able  to  use  highway  may  pass  over  arljoining 

1-  ut/T''""",: 6,  p.  43o'l,  §  2f;69 

liability  for  ne;,'ligence,  driving  cattle  on  h^gliway 3,  p.  2jl7,  §  1392 

excavation  on  one's  land  near  higiiway,  liability  for  injury 

caused  by 3   p  2023,  §  1157 

leaving  or  maintaining  object  on  highway  which  fright.ns 

horses,  liability  for 3   „   oq33_  §  1  j  03 

railroad  has  no  right  to  use  street  for  freight-yard 2,'  p.  1001,'  §    5G3 

liability    for    injury    caused    by    obsUuoting    streets    by 

*'■''''"'' 3,  p.  20G4,  §  1177 

excavation  m  public  streets,    liability  for  injury  caused 

.^7'''\ 3,  p.  202o,  §  1 1 5S 

permissible  obstructions  in  streets:  buil.ling  materials. 3,  p.  203.-,,  §  nci 

storage  of  goods 3,  p.  203.-,',  §  1101 

railroad  cars 3,  p.  20.3.-,,  §  1 161 

"•^"'^ 3,  p.  21)30,  §11(;4 

■wagons  unloa<hng  goods 3   p  203G,  §  11C4 

railroad  cannot  recover  damages  against  towns  for  opening 

new  roads  across  track 2^  p.    999^  §    ^q^ 

obstruction  of  public  crossing  by  railroad  a  nuisance. .  .2,  p.    974,  §    544 
objects    falling  upon    travelers   from  buildings,    liability 

,^"'" 3,  p.  202s,  §  1  ICO 

nse  of  highways  by  gas  companies 2,  p.  1019-1021,  §    573 

attorney  not  liable  to  serve  as  supervisor  of  roads 1,  p.    228,  §    140 

Hog-sties. 

when  a  nuisance ^ 6,  p.  48G6,  §  2993 

Holidays. 

See  2sEG0TiABLE  Instruments,  4.  _ 

Homestead.  * 

mortgage  given  upon  homestead  cannot  be  revived  by  hus- 

^''"'^ 6,  p.  49G1,  §  3057 

mortgage  of  homestead,  given  l)y  hu>])an.l  to  wife  to  si-cure 
moneys  lent  to  him  by  wife  from  her  separate  estate, 

_         „    I'f''^-- 2,p.  1393,§    758 

Horse  Railroads.    See  Railkoad.s. 

are  common  carriers 4,  p.  3082,  §  1792 

Horses. 

See  Animals. 
as  to  injuries  caused  by,  see  Negligence,  3;   Contkibi;. 

TORY  NeoLIGKNCE. 

as  to  injuries  by  railroads,  see  Negligence,  4. 

horses  subject  of  property 3^  p  2472,  §  1366 

rights  and  liabilities  of   owner  of  horse  entered  at  horse- 

^^ 3,  p.  2480,  §  1373 


6568 


HORSES — HUSBAND  AND  'WrFB. 


f 


Horses— (Continued. ) 

implied  power  (»f  agent  to  hire  horses 1,  p.    105,  §      69 

oue   uot   liable  who   drives   against  aiK^tliur  by  gottiiij^  on 

wrong  side  of  road  in  dark  night 3,  p.  171S,  §  1013 

or  by  pulling  wrong  rein  by  mistake 3.  p.  1718,  §  1013 

one  is  not  liable  for  injury  tauaed  by  his  horse  running  away 

without  his  fault 3,  p.  1718,  §  1013 

leaving  or  maintaining  object  on  highway  wiiich  frightens 

horses,  liability  for 3,  p.  2033,  §  1163 

Hospital. 

charity  not  liable  for  negligence  of  its  agents,  as  surgeons  in 

hospital 3,  p.  1135,  §    623 

inmatt'S  of   county  hospital  not  servants  of  superiiilcndiait, 

and  he  is  not  responsible  for  thoir  acts 1,  p.    513,  §    294 

"hospitals,"  construction  of 2,  p.  1177,  §    633 

Hotchpot. 

taking  advancement  into  hotchpot 2,  p.  1524,  §    837 

Hours. 

See  TniK. 
Hunting. 

person  not  justified  in  entering  land  of  another  against  his 

will  for  the  purpose  of  fox-hunting 3,  p.  1815,  §  1056 

Husband  and  Wife. 

See    Divorce;    Criminal    Conversation;    Intoxicatino 
Liquors;  Wills. 

1.  The  Agreement  to  Marry. 

2.  The  Contract  of  Marriage. 

3.  Eights,  Duties  and  Disabilities  op  Husband  and  Wife. 

4.  Liabilities  of  Husband. 
6.  Disabilities  of  Wife. 

6.  Mai^iage  Settlfments. 

7.  Fraudulent  Conveyances. 

8.  Dissolution  of  Marriage  by  Death. 

9.  Dower. 

1.  The  Acjre.rmmt  to  Mari-y. 

promise  to  marry  must  be  mutual 2,  p.  ITS?,  §    695 

bleach  of  agreement  gives  right  of  action  to  either  party  .2,  p.  1287,  §    695 
action  for  breach  of  promise  of  marriage  does  not  survive  to 

personal  representati'-e ..S,  p.  1287,  §    695 

cannot  be  prosecuted  after  death  of  defendant 2,  p.  1287,  §    695 

abatea  upon  marriage  of  parties 2,  p.  1283,  §    695 

engagement  to  marry  not  within  statute  of  frauds  unless  not 

to  be  performed  within  a  year 2,  p.  1288,  §    695 

woman  engaged  to  man  has  insurable  interest  in  his  life. 2,  p.  r.'88,  §    695 
express  promise  not  essential;  promise  may  be  implied.  .2,  p.  1288,  '}    696 

at  what  time  contract  to  marry  must  be  performed 2,  p.  121)0,  §    697 

what  is  a  refusal  to  perform 2,  p.  12^0,  §    697 


HUSBAND  AND  WIFE. 


GoUD 


Husband  and  "Wife— (Continued.) 

iu  whiit  cases  iirtiuiise  to  marry  not  enforccfiblo H,  p.  1201,  §    698 

dtfenes  to  action 2,  p.  l'2i)2,  §  G!)0;  2,  p.  14'.»'J,  §    828 

measure  of  damages  ia  actions  for  breucli  of  promise  .  ..2,  p.  l"J'.i3,  §    700 

jury  jiulges  of  amount  of  damages 2,  p.  liiO.J,  §    700 

exemplary    damages    recoverable   in   action   for   breacii    of 

promise 2,  p.  12:)4,  §    700 

evidence  admissible  in  aggravation  of  damages 2,  p.  l'J!(4,  §    701 

evidence  admissible  in  mitigation  of  damages 2,  p.  l'2'Ji,  §    701 

2.   T/ie  Contract  of  Maniofje, 

marriage  detined;  nature  of  the  contract 2,  p.  1C9G,  §    702 

capacity  of  parties  to  contract  man iage 2,  p.  12',l(i,  §    703 

consanguinity  and  alliiiity  as  an  inipeiliment  to  marriage. 2,  p.  12'Jo,  §    704 
race,    color,    rank,    religion,  as    an    iuipediment    to   mar- 
riage  2,  p.  1297,  §    705 

physical  incapacity  as  an  impedinunt  to  inarrriage 2,  j).  1"J97,  §    7U6 

deaf,  duml),  or  blind  persons  not  incapable  of  marrying  2,  p.  1297,  §  706 
lunatic  not  competent  to  make  contract  of  marriage.  ...2,  p.  12:>S,  §  707 
drunkard  not  competent  to  make  contract  of  marriage.  .2,  p.  1298,  §    707 

infant's  contract  of  marriage;  valid  at  what  age 2,  p.  12!)S,  §    708 

previous  marriage  undissolved,  secoiid  marriage  void. .  .2,  p.  V2'J9,  §  709 
validity  of  marriage,  when  divorced  person  prohibited  from 

marrying  again 2,  p.  1?,00,  §    709 

marriage  procured  by  force,  fraud  or  duress  voidable..  ..2,  p.  i:?()l,  §    710 

so  where  solemnized  without  consent  of  parties .2,  p.  loOl,  §    710 

fraudulent  representations  as  tojiarty's  birth,  social  ji  isition, 
wealth,    health,    or   chastity,   cannot   be   set   up   by 

other  to  vitiate  contract  of  marriage 2,  p.  1301,  §    710 

mnrrage  entoed  into  by  mistake  or  in  j<.'st  not  binding. 2,  p.  i;J02,  §    710 
the  marria^ie  ceremony;  no  particular  form  or  solemnity  re- 
quired at  common  law 2,  p.  1304,  §    711 

contract  to  marry  per  verba  dcfutnrn  f.illowed  by  calial)ita- 

tion,  valid  marriage  at  common  law 2,  p.  1304,  §    711 

proof  of  marriage  by  general  reputation 2,  p.  130"),  §    711 

person  cannot  be  married  by  a{;ent 1,  p.      2-),  §      25 

statutory  requisites  to  ceremony  of  marriage 2,  p.  1307,  §    712 

directory:     marriage   not   void  when   tliey  are    not    fol- 
lowed  2,  p.  1.308,  §    712 

consent  of  parents  or  guardian 2,  p.  13C8,  §  713;  2,  p.  lo3l,  §    730 

marriage  of  principal  dissolves  agency 1,  p.      <>(>,  §      60 

but  marriage  of  agent  does  not   1,  p.      63,  §      50 

marriage  of  a  funa  sole,  party  to  arbitration,  revokes  arbi- 
trator's authority 6,  p.  5332,  §  33G1 

on   marriage   of   female   lessee,    term  is  transferred  to  hus- 
band   6,  p.  4G50,  §  2846 

dissolution  of   partnership   by  marriage   of  female  partner 

or  marriage  between  partners 2,  p.  1241,  §    671 


0570 


HUSBAND  AND  WIFE. 


Husband  and  Wife— (Continued.) 

tuiiuiiiatiou  of  guardiansliii),  by  marriage  of  ward 2,  p. 

ellect  of  marriage  on  wills  of  hualjand  and  wife 2,  p. 

marriage  of  infant  child  works  emancipation 2,  p. 

trusts  for  married  women 4,  p. 

action  will  not  lie  for  false  representations  to  justice  of 
peace  whereby  he  was  induced  to  marry  an  infant  and 
was  tineil  therefor 3,  p. 

contracts  ia  restraint  of  marriage  are  void 6,  p. 

conditions  in  restraint  of  marriage  in  gifts  or  wills  are  void 
if  unreasonable  8,  p. 

marriage  brokerage  contracts  are  void 5,  p. 

conditions  in  general  restraint  of  marriage  are  void 6,  p. 

charter  for  mutual  marriage  benefit  association  refused. .  1,  p. 
3.  Rhjlits,  Ditlkii  and  Dimbitilies  of  Husband  and  Wife, 

See  also  Okiminal  Conveksatios. 

husband  head  of  household  2,  p. 

right  of  hus'iand  to  establish  and  change  domicile 2,  p. 

action  by  husband  against  person  enticing  or  harboring 
wife 2,  p.  1310.  §  714;  2,  p.  13;V_',  §  730;  3,  p. 

may  use  force  to  prevent  anoth^  r  from  taking  wife  away .  2,  p. 

no  right  to  punish  wife 2,  p. 

duty  of  husband  to  support  wife 2,  p. 

duty  of  wife  to  live  with  husband 2,  p. 

to  render  family  services  in  return  for  support,    .....  2,  p. 

wife  may  sue  for  loss  of  society  of  husbaml 

2,  p.  1312,  §  715;  3,  p. 

widow  not  "legal  heir  "  of  her  deceased  husband 2,  p. 

wife  is  not  a  "  relation  "  within  meaning  of  statute. . .  .2,  p. 

contracts  between  husband  and  wife  invalid  at  law. , .  .2,  p. 

husband  may  convey  to  trustee  for  benefit  of  wife 2,  p. 

in  equity  wife  may  contract  with  husband  as  to  separate 
property 2,  p. 

may  make  gifts  and  presents  to  wife 2,  p. 

And  see  Post,  7. 

may  give  a  promissory  note  to  his  wife  for  consideration .  2,  p. 

may  hold  land  in  trust  for  wife 2,  p. 

etjuity:  man  may  sue  his  wife,  or  wife  her  husbnud 2,  p. 

by  statute  husband  and  wife  may  sue  or  be  sue  1 2,  p. 

negligence  of  husband  not  imputed  to  wife 2,  p. 

action  by  husband  against  railroad  for  loss  of  services  of  wife 
caused  by  injury  to  her  survives  his  death 2,  p. 

similar  action  against  town  by 2,  p. 

action  may  be  maintained  by  husband  against  druggist  who 
sells  laudanum  as  beverage  to  wife 2,  p. 

husband  may  sue  for  injury  to  wife  depriving  him  of  her  serv- 
ices  3,  p. 


1554 

§ 

853 

13'J8 

§ 

702 

152(5 

§ 

839 

3373, 

§1978 

1716, 

§1012 

4045, 

§ 

2425 

4045, 

§2426 

404i), 

§ 

2427 

4510, 

§ 

2767 

COO  «, 

§ 

333 

1310, 

§ 

714 

1310, 

§ 

714 

1917, 

§1105 

1311, 

§ 

714 

1311, 

§ 

714 

1311, 

§ 

714 

1312, 

§ 

715 

1312, 

§ 

715 

1917, 

§1105 

1312, 

§ 

715 

1312, 

§ 

715 

1313, 

§ 

716 

1313, 

§ 

716 

1313, 

§ 

716 

1313, 

§ 

716 

1313, 

§ 

716 

1313, 

§ 

716 

1313, 

§ 

716 

1313, 

§ 

716 

1314, 

§ 

716 

1332, 

§ 

730 

1333, 

§ 

730 

1332, 

§ 

730 

1917, 

§1105 

HUSBAND  AND  WIFE.  6571 

fiuBband  and  Wife— (Continued.) 

Bervttut  may  maintain  action  for  injury  to  wife  caused  by 

negligence  of  fellow-servant 2,  p.  1332,  §    730 

husband  cannot  sue  for  conversion  of  wife's  property .  ..3,  p.  133J,  §    730 
for  injuries  to  person  or  character  of  wife,  husband  an<l  wife 

must  join  inaction 2,  p.  1331,  §    730 

two  actions  will  lie  for  tort  committed  upon  wife:  1,  By  iuis- 
band  alone,  for  loss  of  service,  expenses,  etc.;   2.   By 
husband  and  wife,  for  injury  to  wife's  person  ...  .2,  p.  1331,  §    730 
bank  cannot  set  up  that  money  deposited  by  wife  is  proper- 
ty of  husband 2,  p.    919,  §    526 

bank  has  right  to  open  account  witli  married  woman.  ..2,  p.    920,  §    r)26 

husband  may  plead  duress  of  his  wife 5,  p.  3!)  t(>,  §  2;JG7 

married  woman  not  generally  api)ninted  guardian 2,  p.  lo.Vi,  §    833 

may  become  stockholders  in  corporations 1,  p.     GIO,  §    343 

may  execute  power  without  husband's  consent 6,  p.  44S1,  ^  2750 

power  of  married    woman  to  assume   payment  of   mort- 

g-'ige 6,  11.  mi?,  §3043 

when  married  woman  may  sue  for  libel 3,  p.  2375,  §  1307 

married  woman's  gifts  causa  mortis  not  limited  by  statu- 
tory limit  as  to  the  amount  of  property  .she  m  ly  leave 

'^y  will 3,  p  2428,  §  1337 

4.  LinhilHies  of  Husband, 

husband    liable    for    wife's    ante-nuptial    contracts    and 

^ebts 2,  p.  1316,  §    718 

liability  ceases  on  death  of  wife 2,  p.  1316,  §    718 

if  wife  survives   husband   she   becomes   again   personally 

lii^We 2,  p.  1316,  §    718 

rule  altered  bj  statute 2,  p.  1317,  §    718 

marriage  extinguishes  all  debts  between  the  parties 2,  p.  1317,  §    719 

power  of  wife  to  bind  husband 2,  p.  1317,  §    719 

authority  extends  to  all  domestic  matters  and  supplies.  3,  p.  1317,  §    719 
authority  extends  to  reputed  wife,   thoUgh  not  actually 

married... 2,  p.  1317,  §    719 

authority  of  wife  in  business  matters 2,  p.  1318,  §    719 

to  sell  property  of  husband 2,  d.  1318,  §    719 

to  lease  property  of  husband 2,  p.  1318,  §    719 

to  give  license  to  enter  on  land  of  husband 2,  p.  1318,  §    719 

to  accept  delivery  or  possession  in  for  husband 2,  p.  1318,  §    719 

wife  may  bind  husband  for  necessaries 2,  p.  1319,  §    720 

what  are  and  are  not  "necessaries" 2,  p.  1319,  §    720 

"gas"  not  a  necessary 2,  p.  1032,  §    579 

liability  of  wife's   separate  estate  by   statute  for  neces- 
saries,...  2,  p.  1380,  §    752 

authority  of  wife  during  husband's  absence 2,  p.  1320,  §    721 

husband  may  revoke  authority 2,  p.  1321,  §    722 

notice  to  third  party  necessary 2,  p.  1322,  §    722 


6572 


HUSBAND  AND  WIFE. 


Husband  and  Wife— (Cnntimied.) 

hiisl.jin.l  iii.iy  ratify  wifu's  acta 2,  13'2'2,  §  722;  2,  p.  1327,  §    728 

auth  rity  of  wife  arining  from  nncessity 2,  p.  i:{22,  §    723 

hush.'niil  failiii,'  to  pruvido  for  wifu 2,  [>.  l.'{22,  §    723 

huiW.ind  (lt'st;rtini{  or  expelliiij^  wifo 2,  p.  1322,  §    724 

dosurtud  wifo  may  acipiiro  pnipeity,  and   contr(»l  it  and 

lier  person,  and  may  he  sued  a»/<'»i»'  xoln 2,  p.  1323,  §    724 

husband    not    liable  when    the    wife  di'serta    him  without 

cause 2,  p.  1323,  §    725 

husband  not  liable   when  wifo  ia  supplied   by  him    with  a 

Bulhci.nt  allowance  2,  p.  1324,  §    726 

husband  not  liable  where  divorce  has  been  granted.  ..2,  p.  132j,  §    726 
husband    nut    liable    when    credit    was    given    to    wi 

ah.ne 2,  p.  132(5,  §    727 

liability  of  husband  for  torts  of  wife 2,  p.  ll>23,  §    729 

husband  lialile  in  replevin  fur  wife's  uidawful  detention  of 

another's  chattels  under  claim  of  title 2,  p.  1329,  §    729 

not  liable  for  the  slanders  uttered  by  his  wife  when   not 

present 2,  p.  1329,  §    729 

liable  in  trespass  for  an  act  done  after  the  marriage  by  an 
animal  which  at  time  uf  marria.;e  belonged  to  the 

wife 2,  p.  1329,  §    729 

not  liable  for  wife's  false  representations 2,  p.  1329,  §    729 

retainer  by  wife  to  obtain  divorce  wdl  not  be  presumed  to 
have  been  at  husband's  re(iuest,  so  as  to  render  him 

liable  to  pay  attorney 1,  p.    330,  §    202 

6.  Dhnhililie.H  of  ]VI/e. 

earnings  of  wife  belong  to  husband 2,  p.  1334,  §    731 

riyht  of  wife  to  earnings  by  statute 2,  p.  1373,  §    750 

for  earnings  of  wife,  husband  must  sue  alone 2,  p.  1335   §    731 

when  wife  may  be  entitled  to  her  earnings 2,  p.  1335,  §    731 

personal  property  iu  wife's  possession  presumed  to  belong  to 

husband 2,  p.  1337,  §    732 

right   of   husband   to   wife's    pursoual   property   in   p( -ses- 
sion   .  ^    p.  1336,  §    733 

right  of  hu-band  to  wife's  p'-rsonal  property  not  in  pc  ^ses- 
sion  2,  p.  1337,  §    733 

right  of  husband  to  wife's  personal  choses  in  action 2,  p.  1337,  §    733 

damages   recovered   in  an   action  by  husband  and  wife  for 

personal  injuries  to  wife  are  property  of  husband. 2,  p.  1339,  §    733 
choses  in  action  acoru  ng  to  wife  during  coverture,  husband 

may  sue  alone 2,  p.  1339,  §    733 

for  her  ante-nuptial  choses  he  must  join  wife  in  suit. . .  .2,  p.  1239,  §    733 

vrhat  are  choses  in  action 2,  p.  1 3.i9,  §    734 

choses  in  action  must  be  reduced  into  possession  by  hus- 
band  2,  p.  1337,  §    733 

what  constitutes  reduction  into  possession 2,  p.  1329,  §    735 


HUSBAND  AND  WIFE.  0o73 

Husband  ond  Wifo-(Continn((l.) 

assijiuiuut  wilhnut  co.,si.k.rati„n  of  wife's  c'ios-^h  ir.  nrtion 

«lnc>,n..tt:ikoaw;.yn.;l,t8of  wifo o.  ,,.  nil.8    7;!,-) 

w.  0  8  equity  to  a  «ettlc.„...„t g        ,,,,,  ^    -,, 

nylit  of  l.iiilKu,  I  to  wifu'8  chattd.i  real 3   p    l.'MO  §    7'i7 

riylitoflu,«lun.ltowifo'«.ro;a  estate g'  ,,'  yUii  ^    7*Hi 

tenancy  by  the  curtesy a.'p.li.M.'g    7G0 

p..Her.,flm«l,ai.,lt„conv,.y  wife's  real  estate S   i.    l.'US  §    71J 

Btatutory  mode  of  convey  in-j  wife's  lan.U 2,,    ] ;}.,.,'  jj    740 

hu..l.an.l  ami  wife  must  join .S,'  p   l.-n:.,' §    740 

separate  examinathm  of  wife o   ,,   jj^j    ^    -4, 

tenancy  by  entir.ty.  what  is '  ^^  ' ''':il'':'2.  p!  1  Im,  §    741' 

separate  estate  of  wife  in  erpiity 3,  ,,  1337^  g    7^3 

What  words  m  instrument  sullicient  to  create  a  separate 

,    ."•^t-'to... 2,  p.  13.-0,  §    744 

restraint  on  anticipation  of  wife's  separate  estate 2,  p.  i;r;2  §    745 

wife's  statutory  separate  estate 2^'  j,.  13J0'  g    74(. 

married   woman  not  bound   by  her  contract  at'comnlon 

...  ''^.^^••••: 2,  p.  inCl,  §  747 

aiuer  in  equity,  married  woman  bound 2,  p.  1. •!(](>,  §  748 

power  of  wife  to  bind  her  statutory  scpruatc  estate. . .  .2,  p.  l.'}(iS,'  §  74y 

rights  and  liabilities  of  wife  as  a  separate  trader 2,  p.  ];J7.j'  §  751 

husband  ami  wife  as  partners  under  statute 2,  p.  1370,'  §  751 

liability  of  wife's  separate  estate  for  necessaries 2,  p.  1;{S0  §  75'> 

community  property,  rights  of  husband  and  wife  in. . .  .2*  n  .'J.-JS-^'  S  753 

married  woman  liable  for  her  torts 2,  p.  1;{S.'},'  §  754 

liabili ty  of  married  woman  for  false  representations .'  .* .' .  2,  p.  1  iiss'  §  75 1 
married  woman  bound  by  frauds  of  her  husband  in  attend- 
ing, as  her  agent,  to  her  property 2,  p.  1C31  §  754 

wife  who  avails  herself  of  results  of  husbands  fraud,  while 
acting    as   her  agent   iu   reference  to  her    separate 

*'f*°'^!'^\''" 2,p.  l.-]Sl,§    751 

power  of  married  woman  to  make  will 2,  p.  1397,  §    7G0 

married  woman  cannot  appoint  agent  at  common  law...  1,'  p.        5,'  §       4 

but  may  bo  agent  for  another j   „_        ^\       q 

husband  may  be  ageut  of  wife j'    "        -'  '.       p 

or  wife  of  husband '.  ".*.".".'.'.",  .V  p         5'  s         ■ 

married  woman  cannot  make  statutory  deed  by  a-cut    In'      "^'  s     o-, 
Murria,je  Settlement.  °       "  '  ^'      '  '  ^     *" 

See  also,  7,  jmst. 

marriage  settlement  defined "  „   i"<!i  q    "— 

marriage  a  BuiTioieiit  consideration  to  sustain  a....        2   p   IJS5   §    7-5 
covenant  not  to  be  performed  during  coverture  not  cxtin- 

gmshed  by  marriage 2.  p.  13S5,  §    733 

executory  trust  for  bonclit  of  remote  relatives  in  marriage 

articles  enforceable  by  enuity. ..,.,.       .  P  "n   i"-'-  b    -?-- 

.  . .,  .         ,  .  '      J..'- <<3.  p.  I  .>  J ),  §    Too 

settlement  good  against  prior  creditors  where  reasonable.  2.  p   ISS5  s    7.-,:; 


(. 


6574  HUSBAND  AND  WIPE. 

Husband  and  Wifa— (Continued.) 

oral  settlement  followed  by  niarriige  cnforccaWo 2,  p.  1333,  §    7."5 

rc(juiaite<  of  marriage  settlements  as  to  form  and  execution 

by  statute 2,  p.  13S7,  §    133 

not  according  to  statutorj-  requisites,  not  good  as  against 

creditors 2,  p.  1?S7,  §    7'5 

ante  nn])tial  contract  not  revocable  by  woman 2,  p.  13S7,  §    7J5 

7.  Fraiuliikid  Coiirfi/aiircx. 

voluntary  conveyances  of  property  made  1)y  ■\^-oman  contem- 
plating marriage  a  fraud  upin  husband's  niiritil 
riylits 1 2,  p.  inSO,  §   733 

even  wlure  objecfc  was  to  provide  for  cliildrcn  by  fi)rnicr 

marriage 2,  p.  1C30,  3    733 

allter,  husband  knew  of   conveyance  before   ho   married 

her : 2,  p.  1389,3    73S 

assignee  of  husbaml  against  whose  marital  rights  a  fraud  has 

been  committoi  has  right  to  protection 2,  p.  1339,  §    736 

fraud  upon  the  wife  not  committed  by  husband's  puroha-iing 
landu  after  marriage,  with  his  separate  funds  acquired 
before  marriage,  and  taking  the  ci>nveyan"3  in  tho 
names  of  minor  chihlren  by  previom  marriage.  ,.2,  p.  139?,  §    736 

secret  conveyance  just  before  marriagu  of  husbmd's  prop- 
erty, fraud  on  wife 2,  p.  1390,  §    735 

voluntary  conveyance  by  husband  after  marriage  valid  as  to 

subsequent  creditors 2,  p.  1301,  §    757 

bat  if  fraud  is  proved  it  may  bo  set  aside 2,  p.  1391,  §    757 

80  as  to  persons  creditors  at  the  time 2,  p.  131)!,  §    757 

husband  has  right  to  settle  surplus  of  property  over  what  he 

owes  for  benefit  of  wife  and  family 2,  p.  1391,  j    737 

ahusband  may  give  his  wife  her  earnings  if  nfitindubte  1.2,  p.  1391,  §    757 

a  gift  to  wife  of  avails  of  her  own  labor  good  as  against 

creditors  if  not  reduced  into  possession 2,  p.  1391,  3    737 

husband  who  is  indebted  to  his  wife  may  prefer  her  to  other 

creditors 2,  p.  1391,  §    757 

Bcttlement  made  with  a  view  of  incurring  future  debts  fraud- 
ulent  2,  p.  1392,  §    757 

post-nuptial  conveyance  or  settlement  for  valuable  consiil- 

cratio      annot  be  avoided  by  creditors 2,  p.  1392,  §    757 

gift  or  convey  i  ic3  to  wife,  if  reasonable,  good  as  against  hu.^• 

band's  heirs 2,  p.  1301,  §    753 

allter  when  wife  is  guilty  of  adultery  and  provision  ex- 
travagant  2,  p.  139i,  §    7r8 

direct  gift  or  conveyance  of  proiierty  by  husband  to  wife, 
thnuijh  void  at  law,  good  in  equity,  and  canno''  bo 
revoked  without  mutual  consent 3,  p.  1393,  §    753 

a  conveyance  by  husband  directly  to  wife  valid  as  between 

themaolvea. • •>},  p.  130i>,  §   IZfi 


HUSBAND  AND  WIFE. 


Co7i 


5  757 
}  757 
i  757 
i  757 
i  753 
7r8 


Husband  and  Wife-(Continued. ) 

Luiband  may  permit  wife  to  retain  her  money  free  from  his 
marital  claims;  he  becomes  her  debtor  if  he  borrows 
it.,., 

mortgage  of  homestead  given  by  husband  tJwiVc*  to*  secure         ' '  ^    ^^^^ 
moneys  lent  him  by  wife  from  her  separate  estate, 

valid g  .ono      o       m 

choses  in  action  may  pass  by  delivery  from' hulbaLd  to  Vif^        * ' 


without  written  assignment g    ,, 

husband   cannot  maintain  action  against  *s"avings' bVn'k  for 


13D3,  § 
1393,  § 


r58 


758 


7.-8 


1305,  §    759 
1396,  §   759 


Its  refusal  to  pay  hitn  money  wliich  he  deposited  in 

hiswife'sname 2,  p.  1393,  § 

equity  will  enforce  note  given  by  husband  for  her  separate 
money  lent  by  her  to  him,  or  received  and  collected 

,      ,     V'""" 2.p.in93,§ 

husband  may  make  valid  gift  cau.^a  mortis  to  his  wife.  .2,  p.  1393  n,  §  758 

husband  may  convey  land  to  wife  directly,  Without  inter- 

ventiou  of  truste.',  where  statutes  give  power  to  mar- 

ried  woman  to  enjoy,  contract,    etc.,   as    if   unmar- 

.f,      ""'^'^ 2,  p.  1393n,  §75S 

gifts  or  conveyances  by  wife  to  husband  regarded  with  sus- 
picion and  must  be  fair  and  free 2   », 

statute  forbidding  sale  by  wife  of  separate  property  to  hus- 
band does  not  prevent  gift  of  same 2,  p. 

money  paid  to  a  wife,  but  received,  counted  and  kept  by 
husband,  and  afterward  invested  by  him  for  her, 
does  not  constitute  gift  from  wife  to  husband. . .  .2,  p.  1396,  § 

gift  by  wife  to  husband  may  be  inferred  from  circum- 
stances    o 

3,  p. 

equity  will  set  aside  gift  of  property  to  husband  induced  by 

hia  false  represent  itions 2   p 

but  not  mortgage  made  to  third  party  on  husband's' false' 

representations 2 

8.  Dissolution  o/  Marriage  b>/  Death. 

husband  on  wife's  death  becomes  entitled  to  letters  of  ad- 
ministration on  her  estate 2,  p.  1399,  § 

liability  of  husband  for  funeral  t>:nenses  of  wife 2^  p.  13y{)'  § 

husband  becomes  entitled  to  whole  of  wife's  pcrsonalty'at 
her  decease,  to  exclusion  of  relatives,  or  children,  sub- 
ject to  claims  of  creditors 2,  p.  1400  § 

different  rule  in  some  states o'       i  ./,i '  « 

riglit  of  husband  in  decease.'  wife's  land  as  tenant  by  tiie 


ti. 


59 


139G,  § 
139G,  § 
1396, 


759 


759 


§   759 


7G3 
764 


765 
765 


766 


,     ,     ^t'^^y-v ;; 2.p.l401,§ 

husband  improving  wife's  land  wuh  hia  own  money  cannot 

recover  from  wife's  estate 2,  p.  1405,  §    767 

cannot  claim  reimbursement  for  moneys  paid  in  set  ling  con- 
troversies in  regard  to  title  of  wife's  real  estate.  .2,  p.  1405,  §    767 


6576 


HUSBAND  AND  WIFE. 


1408, 
140t), 
140D, 


1409,  § 


§ 


1403, 


Husband  and  "Wife— (Continued.) 

right  of  wife  to  aliniui^ter  on  linsband's  estate 2,  p.  140G, 

wife's  share  of  deceased  husband's  personalty 2,  p.  1400, 

widow's  all.)wanoe,  ri^'ht  to 2,  p.  1407,  §  770;  2,  p.  170;{, 

widow's  paraphernal. a,  what  is,  riyht  to 2,  p.  140S, 

widow 'sc^uarautine,  what  is,  right  to.. 2,  p.  140S,  §  772;  2,  p.  170.'3, 
9.  Dower. 

defined 2,  p. 

is  assignable  in  equity 2,  p. 

rule  where  two  widows  are  dowable  in  same  lands 2,  p, 

married  woman  may,  during  lifetime  of   husband,  maintain 
action  for  protection  of  her  inchoate  right  of  dower 

from  fraudulent  acts  of  husband 2,  p. 

wffe's  inchoate  rights  will  support  action  by  her  for  damages  in 

being  defrauded  iu  conveying  her  dower  right. .  .2,  p.  1409, 
widow  cannot  maintaia  action  before  her  interest  in  lier  de- 
ceased  husband's  realty  has  been  set  apart,  to  com- 
pel railway  to  purchase  her  alleged  dower  interest  in 

right  of  way  granted  by  him 2,  p, 

widow  with  separate  estate   equal  to  her  share  of  her  hus- 
band's estate  has  no  dower  in  Mississippi 2,  p.  1409, 

right  to  dower  is  covered  by  law  in  force  at  time  of  husband's 
death,  and  not  that  which  was  in  force  at  time  of  or 

diirinfj  continuance  of  marriage 2,  p.  1409, 

of  what  lands  is  and  is  not  now  widow  dowable 2,  p.  1410, 

shares  of  sto  .k  not  subject  to  dower 1,  p.    779, 

dower  may  be  barred  or  released  by  joining  in  conveyance  of 

husband 2,  p.  1415, 

or  by  ante  nuptial  agreement  2,  p.  1415, 

deed  to  be  effective  mist  be  properly  acknowledged.  .2,  p.  141G, 
or  by  sale  of  land  under  charge  create  I  before  owner's  mar- 
riage    .2,  p.  1416, 

or  by  conveyance  to  wife  before  marriage,   of  property 

by  way  of  jointure 2,  p.  1417, 

or  by  settltjmont  before  marriage  in  lieu  of  dower. . .  .2,  p.  1417, 

or  by  settlement  of  the  marriage 2,  p.  1417, 

or  by  provision  in  will 2,  p.  1417, 

election  by  wife  to  accept  legacy  in  lieu  of  dower 2,  p.  1417, 

dower  barred  by  wife's  elopement  and  adultery 2,  p.  1417, 

by  divorce. ...' 2,  p.  141 S, 

not  by  voluntary  separation 2,  p.  14  IS, 

by  lapse  of  time 2,  p.  1 4 1 S, 

by  judicial  sale 2,  p.  1418, 

by  defeat  of  husband's  defeasible  title 2,  p.  141S, 

by  exercise  of  right  of  eminent  domain 2,  p.  1  US, 

dower  not  barred  by  wife's  release,  executed  by  joini"g  in 

husband's  deed  afterward  set  aside 2,  p.  1416, 


7G3 

7(;4 

99S 
771 
997 

773 
773 
773 


773 
773 


§ 

773 

§ 

773 

§ 
§ 

§ 

773 
774 

4G3 

§ 
§ 
§ 

775 
775 
775 

§    775 


no 

775 
775 
775 
775 
775 


§ 


775 
775 
775 
775 
775 

775 


§ 

7G3 

§ 

7(14 

§ 

903 

§ 

771 

§ 

997 

§ 

773 

5 

77.3 

s 

773 

no 
775 
775 

775 

775 
775 
775 
775 
775 
775 
775 
775 
775 
775 
775 
775 


HUSBAND  AND  WITE — IDEA.  6577 

Husband  and  Wife— (Continued.) 

nor  where  tlie  administr.vtor  aalh  land  of  his  intestate, 
and  out  of  proceeds  pays  off  nioitgnge  made  liy 
intestate    ia    which     wife      joined,      rtlinquishiixr 

f"^^^'- 2.  p.  1410,  §   775 

nor  by  the  foreelosure  of  mortgage  in  whidi  the  wife  did 

not  join,  and  sale  thereunder 2,  p.  I41G,  §    775 

nor  by  aasignee's  sale  of  br.r^knipt's  lands 2,  p.  1419^  §    775 

nor  by  accepting  and  retaining  gi  ft  of  personalty  from  bus- 

band,  made  by  him  in  contemplation  of  death. .  2,  p,  1419,  §  775 
dower  may  be  assigned  to  widow  by  heir  or  rcmainder-man,' 

°';^y°°"'-'^ 2,  p.  1422,  §    776 

or  widow  may  sue  for  it,   and  for  damages  for  its  deten- 

.    *'°°V; a.p.  1422,§  776 

purchasers  take  property  subject  to  dower  right 2,  p.  1422,  §  776 

dower  may  be  assigued  by  parol 2,  p.  1422,*  §  776 

dower  is  assigned  under  law  in  force  at  time  of  husband's 

.  ^^^*^ a,  p.  1423.  §    776 

nuMSigned  dower  interest  not  subject  to  attachment. .  .2,  p.  1423,  §    776 
equity  cannot  subject  an  una3signed  right  of  dower  to  pay- 
ment of  widow's  judgment  debts 2,  p.  1423,  §    776 

a  widow  in  suit  for  dower  makes  out  piiini  facie  case  by 

showing  possession  during  coverture 2,  p.  1423   §    776 

land  held  by  different  persons  in  several  parcels,  she  is  en- 
titled to  have  dower  assigned  in  each  parcel  sepa- 

.,      ""^^fy 2,p.  1423,§   77G 

widow  who  renounces  provisions  of  husband's  will,    and 
causes  dower  to   be    ussignad   to  her,    can   recover 

""'^'f 2,p.  1123,§    776 

damages  for  non-assignment    of    dower  recoverable,   not- 
withstan  ling   the    refasal    to   assign   was  .made  in 

goo'^  faith 2,  p.  1423,  §    776 

statutory  dower  in  the  United  States 2,  p.  1423  §    777 

Ice.     See  Accession;  Mltnicip.vl  CoapouATioys;  S.vow. 

ice  belongs  to  owner  of  water  on  which  it  is  formed 3,  p.  2438  §  1315 

aliter  as  to  navigable  rivers 3^  p  21.38   §  1345 

legislature  may  regulate  cultivati  jii  and  cutting  of  ice. 3,  p.  2t:;9,  §  1315 
persons  cutting  ice  must  protect  holes  against  travelers.3,  p.  2139^  §  1345 

liability  for  injuring  ice 3^  p.  .2439'  §  1345 

allowing  it  to  melt 3,  p.  3140,' §  1345 

sale  of  ice  not  yet  cut  is  a  5  vie  of  personalty 3,  p.  2439,  §  1345 

measure  of  damages  for  taking  ice  from  stream 3,  p.  2440,  §  1345 

telegraph  wires  broken  by  weight  of  ice,  liability  for  injury 

to  pedestrian 3^  p.  2033,  §  1162 

Idea. 

mere  idea  unconnected  with  any  physical  device  not  subject 

of  ownership 3,  p.  2445,  §  1353 


^mmtmammmmmimmr. 


6578 


IDIOTS— ILLEGAUTI. 


Idiots. 

See  Insanitt, 
Illegality. 

See  Contracts,  6.     See  aho  IsiMonALTTY. 

Gouditious  in  deeds,  see  Rem.  PiiOPKKXY,  4. 

no  trust  can  be  founded  upon  an  interist  derived  from  illegal 

contract,  or  in  contravention  of  law 4,  p.  3374,  §  1079 

such  truiits  not  enforceable 2,  p.  117 1 ,  §    C30 

nor  resulting  trusts 4,  p.  3115,  §  2008 

trust  ari-iing  from  illegal  transaction  may  be  enforced  in 

favor  of  innocent  party 4,  p.  3427,  §  2013 

damage  not  recoverable  for  failure  to  send  telegram  when  it 

was  for  an  illegal  objeat 4,  p.  3343,  §  1036 

where  part  of  consideration  is  illegal,  whole  promise  is  void 

unless  parts  are  sevemble 5,  p.  37S0,  §  22.'56 

■written  contract  can  be  varied  to  prove  that  agreement  was 

made  in  furtherance  of  illegal  object 6,  p  3333,  §  2314 

action  of  directors  in  declaring  dividend  with  knowledge  that 

there  are  no  profits,  illegal 1,  p.    780,  §    470 

epccific  performance  of  illegal  contract    will   not  be    de- 
creed  5,  p.  4203,  §2f)01 

illegal  occupations  cannot  be  slandered 3,  p.  223S,  §  1250 

agreements  between  parties  not  to  bid  at  auction  illegal. 1,  p.    383,  §    220 
to  concert  with  auctioneer  a  private  signal  denoting  bid.l,  p.    375,  §    219 

raising  price  by  fictitious  bidi  on  "puff.rs"  illegal 1,  p.    378,  §    220 

contracts  between  master  and  servant  exempting  master  from 

liabdity  for  injuries  illegal  in  some  states 1,  p.    569,  §    318 

legislature  cannot  charter  corp  )ration3  for  illegal  object. 1,  p.    GOO,  §    333 

right  to  recover  for  illegal  services 1,  p.    443,  §    244 

contract  to  reprint  book  in  viola  ion  of  auothar's  copyri.;ht, 

void 4,  p.  2S27,  §1632 

action  will  not  lie  upon  award  founded  on  comjiosition  of  a 

felony 6,  p.  5372,   3393 

acts  or  contracts  of    corporation  in  vidation  of    law  in- 
valid   1,  pp.  624-753,  §  353-434 

agent  doing  illegal  act,  no  defense  that  it  was   ordered    hy 

priiieifal 1,  p.    187,  §    112 

agent  cannot  receiver  compensatioii  for  ilh  gal  service.  ..1,  p.     151,  g      96 

nor  claim  reimbursement  for  illegal  service 1,  p.     156,  §      9S 

validity  of  note  given  to  wife  to  induce  her  to  live  with 

husband 2,  p.  1426,  §    779 

agent  not  reriuircd  to  perform  immoral  or  iilegil  act. . .  1,  p.     12.'},  §      81 
but  agent  sued  for  money  or  profits  cannot  set  up  illegal- 
ity of  transaction 1,  p.    123,  §      81 

agent  cannot  be  appointed  to  do  illegal  act 1,  p.        8,  §        8 

illegal  or  void  act  cannot  be  ratified 1,  p.      36,  §      31 

power  to  do  illegal  act  cannot  bo  delcg  itcd 1,  p.  25  n,  §      25 


81 

S 

81 

25 


ILLEGALITY— IMPOSSIBLE  CONTRACTS.  6579 

Illegality— (Continued.) 

authority  preaumeJ  legal j  „       25  8     25 

illegality  of  consideration,  good  defense  to  bill  or  note ..'4,'  p.  2773*  §  1507 

does  not  prevent  recovery  by  jilaintiflF  for  defendant's  iiegli- 

gonce  that  former  was  doing  act  contrary  to  statute, 

ordinance  or  law 3   p  ojoi   §1206 

that  pkiatiDF  was  at  the  time  of  the  accident  violating  jkw 

^'^^  not  prevent  recovery  for  injury  on  Iii2hway!3,  p.  2039,  §  11C5 
illegitimacy.  -     » *:         »  » 

See  Pare.^^t  a'sd  Child;  Wills, 
Illicit  Intarcouraa. 

See  laiJiORALixr. 
Illuess. 

See  Sickness;  Disease. 
Immorality. 

See  Illegality. 

ri-lit  to  recover  for  immoral  services l,  p.    443^  §    044 

contracts  or  agreements  to   commit  crime  or  immoral  act 

.,,     ,    l"!"^  •  • : 5,  p.  401G,  §  2428 

Illustrations  of  contracts  held  void 5,  p.  4^41;^  g  2428 

contract  with  a  printer  to  print,  or  a  publisher  to  sell,  a 

libelous  work 5,  p.  404G,  §  2428 

agreement  with  a  woman  made  in  contemi)!ation  of  future 

illicit  cohabitation 5,  p.  4016,  §  2423 

contract  to  write  an  immoral  book 5^  p,  40^0,'  ^  2428 

contract  to  board  bastard  and  its  mother,  fithor  to 'be 

allowed  to  continue  illicit  intercourse 5,  p.  404G  §  2428 

furni.-<hing  of  goods  to  prostitute  with  the  intention  of  'as- 
sisting her  in  her  trade  5^  p    404G,  §2423 

contract  to  indemnify  publisher  of  libel 5,  p.  404(j^'  §  0428 

promise  to  marry  woman  in  consideration  of  her  allowing 
the  promisor  t j  have  sexual  conneetion  with  her  h°- 

fore  marriage 5,  p.  404G,  §  2428 

promise  by  man  who  had  connection  with  married  woman, 
who  threatened  him  with  prosecution,  that  he  would 

make  will  in  her  and  her  child's  favor 5,  p.  4043  §  0^03 

promise  to  indemnify  another  for  committing  Millful  and 

malicious  trespass 5   p  4547^  g  0423 

contract  to  defraud  purchasers  by  false  labels  on  goods.  5,  p.  4047,'  §  ••4J8 

letting  of  lodgings  to  prostitute 5^  p.  4043^  §  2429 

contract  to  make  compensation   for  injury  done  by  i)ast 

illegal  intercourse  no*;  invalid 5.  p.  4017,  §  2423 

no  action  lies  for  infecting  with  venereal  disease 3,'  n.  17S0'  §  104G 

Implied  Contracts.  ' 

SeeCoNTR.^cT^,  1;  Master  and  Servant,  1;  Payment,  2. 
Impossible  Contracta. 
See  Contracts,  9. 


G5S0 


IMrOTENCE — INFRINGEMENTS. 


Impoten'ce. 

as  ground  of  divorce  2,  p.  1440,  §    785 

Imprisonment.     See  J'"alse  AiinKsr  and  Impkisonme.nt;  Mu- 
nicipal CoiiroiiAiioNs,  3. 
carrier  has  no  riyht  to  iuiprisou  passengers  who  cannot  show 

ticket 4,  p.  3-230,  §  1893 

imprisonment  for  debt  prohibited  in  most  of  t'le  states..  .7,  p.  5!)li3,  §  3794 
provisionconfiiiedtocau3e3ofactiiinarisingexco;(<n/c^M.7,  p.  5964,  §3704 
duo3  not  prohibit  imprisonment  for  liabilities  arising  in 

tort  or  ex  delicto 7,  p.  5964,  §3794 

nor  does  it  prohibit  puni.shing  of  contempt  in   refusing  to 

obey  the  lawful  orders  or  decrees  of  court 7,  p.  5964,  §  3794 

imprisonment  for  debt,  when  permitted 3,  p.  1831,  §  1063 

Improvements. 

See  Fixtures;  Emin »;nt  Dom  un. 

right  of  defendant  in  cjeo          .  'o  recover  value  of  improve- 
ments made  by  iii  7,  p.  5822,  §  3713 

compensation  for  improvutneata  on  eviction  allowed,  where 

made  in  good  faith 6,  p.  4694,  §  2880 

Imputed  Negligence. 

See  CoNTKiBUTOKY  Neoligexoe;  Oartihr'-v. 

imputed  negligence  of  parents  or  guardians  of  children. .3,  p.  2132,  §  1210 
imputed  negligence  where  passenger  injured  by  concurrent 
negligence  of  third  person  and  of  carrier  in  whose 

charge  he  was  at  time 3,  p.  2141,  §  121 1 

Incest. 

incestuous  marriage  a  ground  for  divorce 2,  p.  1441,  §   787 

Increase. 

See  Accessions. 
Indemnity. 

Sec  also  Lost  In'strhments;  ArTAcnMrxT. 

bank  may  demand  indemnity  on  paying  over  deposit  where 

there  are  conflicting  claims 2,  p.    920,  §    526 

Indians. 

See  CiTizKNSiiiP. 

title  of  Indians  to  lands  in  United  States 6,  p,  4423,  §  271 1 

Indictment. 

of  attorney  not  required  before  attorney  can  be  disbarred 

for  criminal  acts 1,  p.    221,  §    133 

Indorse. 

See  Neootiablk  Instrttments. 

implied  power  of  agent  to  indorse 1,  p.    106,  §      69 

construction  of  "  indorse  "  in  authority  to  agent 1,  p.      92,  §     G2 

Infancy. 

See  Parent  axd  Child. 
Infringements. 

See  CoPYuiGUTs;  Patents;  Trade-marks. 


INITIALS — ^INJUNCTIONS.  G5S1 

Initials. 

sigiiingof  bill  or  note  by  initials  is  sufficient 4,  p.  2C0t,  §  14C5 

Injunctions. 

See  loASEviENTS;  Nl'is.vnce;  Waste;  Watkhs  and  Watkr-course3,  3. 
As  t  >  injunction  bomls,  sue  SciiiiXYSuip  and  GL'ARixrv. 

1.  Geneual  I'uincihles, 

2.  In  What  Cases  Injunction  Will  Issue. 

3.  In  What  Cases  Injuncion  Will  Not  Issue. 

4.  Violation  of  Injunction. 
1.  General  Principles. 

mandatory  in junctionis,  when  decreed 5,  p.  4050  §  O^SS 

where  person  agrees  not  to  do  certain  acts,  specific  per- 
formance decreed  in  form  of  an  injunction  restraining 

party  from  doing  act 5,^  4253,  §  25S6 

author  agreeing  to  write  for,  or  actress  agreeing  to  act  only 
at  certain  theater;  court  may  decree  specific  perform- 
ance by  injunction  against  acting  at  any  other  thea- 

.  *®'' 5,  p.  4253,  §23';6 

prohibitory  and  mandatory  injunctions  distinguished.  .7,  p.  57G7,  §  3697 
interlocutory  and    final  or    perpetual    injunctions    distin- 

g"'«'^«'^ 7,  p.  57G7,  §  3G97 

interlocutory  injunction,  when  not  granted 7,  p.  5703,  §  3^97 

injunctions     only     granted    when    no     other      adequate 

"'"^'^y 7,  p.  57C9,§3C97 

or  where    urgent  necessity  for  retaining  commission   of 

threatened  act 7^  p.  57G9,  §  3C97 

or  where  irreparable  injury  will  be  otherwise  sustained  by 

Pl^"^*'|^ 7,  p.  57G9,  §  3G97 

will  not  be  issued  for  provention  of  criminal  or  immoral 

^       ^''^^ 7,  p.  5709,  §  3G97 

where  special  remedy  provided  by  statute,  it  takes  place  of 

injunction , 7,  p.  g-gr,^  §  3^97 

statutory  remedy,  to  supersede  injunction,  must  be  obtain- 
able in  courts  of  state  where  right  exists 7,  p.  57G9  §  3C97 

jurisdiction  is  in  personam;  cannot  compel  action  by  person 

not  within  jurisdiction  of  court 7,  p.  57G9  §  3C97 

plaintiff  on  interlocutory  injunction  must  make  clear  show- 
ing that  he  will  be  entitled  to  relief  on  final  hear- 

,  „   '?■;;••••;■;•■• ••; 7.  p.  5700, §3097 

bill  must  allege  facts  in  positive  manner  and  with  particu- 
larity, showing  means  of  knowledge,  and  must  be 

^"'"^^^•••; 7,  p.  57C9,  §  3697 

if  material  allegations  of  bill  are  positively  and  circumstan- 

tially  denied  under  oath  by  defendant,  preliminary 

injunction  will  not  be  issued 7^  p_  gygg  g  ngg- 

injunction  gives  no  remedy  for  act  which  has  been  com- 

"^^^^^ 7,  p.  6770.  §  3G97 


6582 


INJUNCTIOXa. 


ZnJ  unctions— (Cnntinned. ) 

will  not  affect  act  done  before  service,  though  after  issn- 

ance 7,  p.  5770,  §  3G97 

will  not  be  granted  in  absence  of  showing  of  present  or 

impentliiig  injury 7,  p.  5770,  §  3G97 

negotiability  of  note   not  destroyed  by  injunction  against 

its  registration 4,  p.  2720,  §  1555 

court  in  one  state  may  restrain  person  over  wliom  it  baa  ju- 
risdiction from  commencing  suits  in  foreign  state. 7,  p.  5S36,  §  3717 
2.  In  ]Vhat  Cases  IiijundioM  Will  hsue. 

restraining  infringement  of  patent,  copyright  or  trade-mark 

7,  p.  57G3,  §  3C97;  4,  p  2821,  §  1030;  pp.  2S5G-2888,  §  1G16-1G91 
prevention  or  continuance  of  a  public  or  private  nuisance 

7,  p.  57CS,  §  3G97;  7,  p.  5774,  §  370O 
restraining  the  transfer  or  issuing  stock  in  corporation.  .7,  p.  5768,  §  ^G97 
restraining  the  doing  of  unauthorized  acts  by  co-partner  or 

corporation 7,  p.  5763,  §  3G97 

restraining  disclosure  of  confidential  communications,  secrets 

or  papers 7,  p.  5768,  §  361»7 

restraining  the  removal  of  property,  or  evidences  of  indebted- 
ness, or  of  title  to  property  out  of  the  jurisdiction  of 

court 7,  p.  57G8,  §  3697 

restraining  commission  of  waste.... 7,  p.  57G3,  §  3607;  7,  p.  5770,  §  3G93 
restraining  the  transfer  of  property,   or  parting  with  pos- 
session of  property 7,  p.  5768,  §  3697 

to  enjoin  sale  of  lands 7,  p.  5772,  §  3699 

to  enjoin  execution  of  deed 7,  p.  5773,  §  3699 

to  restrain  misapplic  ition  of  proceeds  of  sale 7,  p.  5773,  §  3G90 

to  restrain  city  from  discharging  sewage  on  land 7,  p.  5774,  §  3699 

to  restrain  tenant  from  removing  house  from  land 7,  p.  5774,  §  3699 

to  restrain  judicial  proceedings  at  law 7,  p.  5777,  §  3701 

to  restrain  collection  of  illegal  taxes 7,  p.  5779,  §  3701 

to  restrain  enforcement  of  fraudulent  or  void  judg- 
ments  7,  p.  5783,  §3702 

equity  to  restrain  revocation  of  power  of  attorney,  coupled 

with  interest 1,  p.      60,  §      44 

to  restrain  servant  from  revealing  master's  secrets 1,  p.    4G3,  §    263 

to  restrain  corporation  from  using  name  of  another  cor- 
poration   1,  p.    676,  §    404 

to  prevent  closing  doors  of  church  against  pastor 2,  p.  1123,  §    619 

to  restrain  clergyman  from  usurping  office  and  using  church 

ediiice 2,  p.  1124,  §    619 

mioister  cannot  be  enjoined  from  receiving  voluntary  con- 
tributions even  though  deposed  by  ecclesiastical  judi- 
catory  2,  p.  1124,  §   619 

injunction  will  lie  to  prevent  disturbing  highways  for  laying 

gas-pipes,  without  legal  authority 2,  p.  1021,  §    573 


INJUNCTIONS.  6583 

Injunctions -(Continned. ) 

to  prevent  publisher  from  falsely  offering  for  sale  book 

as  the  work  of  an  author,  wheo  it  is  not  so 4   p  o!;og  §  ifj^o 

to  prevent  polh.tion  of  water e,'  p.'  4Slo,'  3  2<Jo3 

covenants  in  deedi  as  to  use  of  premises  binds  assignees  and 

may  be  enforced  by  injunction 6.  p.  4503  §  27G4 

injunction  will  ]ie  to  prevent   making  of  award  by  arbitra- 

*°"'Y'>^" 6,  p.  5378,  §  3102 

to  prevent  a  lessee  or  his  assignees  from  converting  demised 

premises  to  nses  inconsistent  with  lenso. 6,  p.  4(533,  §  2839 

to  prevent  railroad  from  laying  track  in  public  street.  .2.'  p.  1013.'  §  '509 

BO  where  company  acts  in  excess  of  powers 2,  p.  1014'  §    509 

80  where  company  fails  to  pay  land  damages '..2,  p.'  1014,'  §    5lJ9 

to  restrain  suit  on  policy,  if  fraud  cannot  be  set  up  in  action 

atlaw,  and  n)  loss  has  occurrel 5,  p.  35O8,  §  209t 

tenant  caniioi  enjoin  ejectment  by  lessor 6,  p.  4G;)7,  §2881 

equity  will  enjoin  collccti  n  of  usurious  interest 5,  p.  4  90,'  §  2HH 

removal  of  lateral  support,  wlien 6,  p.  4")-12,'  §  27^:5 

Bale  under  trust  deed,  wlien  injury  would  result 4,  p.  3381,  §  19S3 

taking  of  land  under  .  ininent  domain,  when 7,  p.  G148,  §  3902 

persons  may  bo  enjoined  from  acting  under  unconstitutional 

,    ,    Ttr,  !^^*"*'/- 7,  p.  5837.  §  3747 

3.  in  What  Cases  Injunctinn  Will  Not  Issue, 

in  a  suit  to  recover  land,  unless  fraud,  mistake,  accident 

orsurprisearealleged  as  grounds  for  interposition.  7,  p.  5772,  §  3099 
where  action  is  pending  in  court  of  law,  and   defense  can 

be  properly  raised  in  that  tribunal   7,  p.  5770   §  3(593 

to  restrain  execution  by  trustee  of  power  to  sell  lands . .  .7,  p.  577'j'  §  3093 

to  restrain  breach  of  party  wall  agreement 7,  p.  5-73'  ^  gg^^ 

to  restrain  one  froai  mining  on  an  )ther's  land 7,  p.  5773'  ^  3^33 

equity  will   not  grant   injunction   restraining  presi  lent   or 

cashier  of  bank  in  thi  exercise  of  olRjial  duties. 2,  p.    903,  §    522 
carrying  on  unauthorized  banking  business  will  not  be  en-  '    ■ 

joined  as  nuisance 2,  p.    858,  §    510 

will  not  enj  )in  temporary  use  of   street  railroad  traek    by 

private  person q,  p.  1003,  §    5GG 

4.    Violation  of  fnjuiiction. 

party  cannot  refuse  to  obey  judgment  for  irregularities.. 7,  p.  5782,  §  3703 

aliter  where  court  hail  no  jurisdiction  to  issue  it 7,  p,  57S2,  §  3703 

is  guilty  of  contempt  in  disobeying  writ,  that  he  mistakes  his 

rights,  or  acts   on  advice  of  counsel 7.  p.  5782  §  3703 

not  necessary  that  he  shall  be  served  with  writ,  that  he  has 

notice  of  it  sufficient 7,  p.  5782  S  3703 

act  charged  as  contempt  one  which  could  not  injure  plaintiff, 

will  not  be  regarded  as  breach  of  writ 7,  p.  5733,  §  3703 

the  writ  does  not  usually  bind  persons  not  actually  men- 
tioned in  it 7,  p.  5783,  §  3703 


65S4 


INJUNCTIONS — INNKEErER3. 


r.7S^,  §  3703 
5783,  §  3703 
57S4,  §  3703 


§1T7S 
§  1778 
§1779 
§1780 
§1781 
§1781 
§1782 
§1782 


Injunctions— (Continned.) 

strict  compliiiiice  with  spirit  of  the  mandate  is  required. 7,  p.  C7S3,  §  3703 
party  eujuiiitid  refusing  to  comply  with  injunction,    remedy 
is    by  proceeding   to   have   him  punished   for    con- 
tempt   7,  p.  5733,  §  3703 

corporation  us  well  as  individual  may  be  punished  for  coii« 

ten)i)t 7,  p. 

practice  or  violation  on  injunction;  order  to  show  cause. 7,  p 

what  goes  iu  mitigation  of  the  contempt 7,  p. 

punishment     iu    fine     or    imprisonment   or  both,    and 

costs 7,  p.  5784,  §3703 

Inland  Bill. 

See  NECiOTIABLE  Instbumekts. 

Innkeepers. 
See  Liens. 

who  are  and  are  not  innkeepers 4,  p.  3045, 

restaurant  or  saloon-keeper  not  an  "innkeeper  " 4,  p.  3047, 

liability  of  boarding  and  lodging  house  keepers 4,  p.  3047, 

who  are  and  who  are  not  guests 4,  p.  3048, 

innkeeper  is  bound  to  receive  every  applicant 4,  p.  3l'52, 

what  is  a  good  excuse  for  refusing  accommodation 4,  p.  3053, 

innkeeper,  likeacairier,  is  an  insurer  of  guest's  property. 4,  p.  30o6, 

liable  for  loss  of  guest's  goods  by  lire  or  burglary 4,  p.  3057, 

iuukee2)er  is  liable  for  assault  on  person  of  guest  by  servant 

or  by  another  guest  in  his  presence 4,  p.  3059,  §  1782 

loss  or  damage  being  proved,  burden  is  on  the  innkeeper  to 

show  valid  excuse 4,  p.  3059,  §1732 

innkeeper  is  liable  for  communicatioa  to  guest  ( f  contagious 
disease  by  one  whom  he  knowingly  permits  to  remain 

in  his  house 4,  p.  3059,  §  1782 

extent  of  iuukeeper's  liability  as  to  time,  place  and  quan- 
tity  4,  p.  30G0,  §  1783;  4,  p.  3069,  §  1786 

contributory  negligence  of  guest  will  excuse  iuukeeper  from 

liability 4,  p.  3067,  §  1785 

And  see  Contiubutoky  Necslicence. 
innkeeper  may  restrict  his  liability  bv  contract  or  notice.4,  p.  3070,  §  1787 
restriction    of    innkeeper's  liability    by   statute   in    some 

states 4,  p.  SC  ■),§178S 

father  may  sue  for  money  of  minor  child  lost  or  stolen  at 

inn 4,  p.  3066,  §  1784 

master,  principal  or  corporation  may  sue  for  money  belong- 
ing to  them  in  the  possession  of  their  servant  or  agent, 

and  lost  or  stolen  at  inn 4,  p.  3066,  §  I7S4 

BO  may  a  bailor. 4,  p.  3066,  §  1784 

husband  may  sue  for  money  of  wife 4,  p.  30b"6,  §  1784 

two  partners,  only  one  of  whom  is  guest,  can  maintain  action 

as  such  for  loss  of  goods,  property  of  firm 4,  p.  3066,  §  1784 


INNKEEPERS— INSANITY.  C5Sj 

Innkeepers— (Continued.) 

action  a^iaiiist  an  innkeeper  to  roc-over  tlie  value  of  pcrs.>nal 
property  loft  in  lii-i  clnr,'o  l)y  a  g.iest,  and  sul.io- 
quonlly  stolon,  is  foundu.l,  not  on  t(.rt,  but  on  con- 
tract  ..         4.  p.  SOGfl.  §  17S4 

hotel  cl«rk  has   i.nplie.l  authority  to  ruceivo  telo-rani  for 

,    ,  '^"*'''* "...4,  p.  3,Ti7,  §  nm 

fllanaers  on  innkueper,  when  action.iblo 3,  1,.  oj.^;.   ^  ^^ji 

Insanity. 

1.  I.\  (JEXF.nAU 

2.  GuAHDiANsiiip  OP  Lhnatics. 
1.  //»  Ginerul, 

contract  with  insane  person  13  voidalilo , 0,  p.  .-^OSO,  §2.183 

otlier  party  to  contract  cannot  set  up  defoiise 5,1).  'M^J,  §  •_';iS3 

what  tUyree  of  incnt.al  unsouii  l.iess  must  he  sliowu 5,  p.  .1'JSl,  §  •J.3S3 

belief  in  spiritualism  does  not  prove  insanity 5,  p.  'M6'2,  §  23S3 

contract    with    parson   who  has  boon   adjudged  a  lunatic 

.,   r'*^;.-;:;. 5,  p.  39:2,  § 2353 

contract  or  liability  assumed  by  a  person  while  r)f  sound  niin  I 
may  bo  enforced  against  hiir  when  ho  is  of  unsound 

'"'"'^ 5,  p.  .ins?,  §  2.1S8  • 

contract  made  during  lucid  interval  vali<l 5,  p.  3^30^  §  0^33 

party  may  ratify  contract  if  he  afterward  bocjmaa  sane,  or 

in  subsequent  lucid  interv.als 5^  p_  3932   §  23SS 

if  ho  continues  insane,  his  heirs,  after  his  death,  m:iy  ratify 

.''•••••* 5,  p.  30S2,  §2333 

insanity  no  defense  to  action  of  t(>rt 5,  p.  393^  §  "333 

lunatic    responsible    for    torliously     killing     an     animal 

,      'f'^.'^ 3.  p.  1707.  §  1010 

for  false  imprisonment 3^  p.  ^^(jy^  g  ^^^^Q 

is  not  responsible  where  the  intent  gravamen  of  charge,  as 

^       ^  '''''•"'^°'' .!5.  p.  17G7,  §1040 

where   insanity  not  known  to  other   party;   contract   valiil 

where  parties  cannot  be  placed  in  status  quo 5,  p.  3983,  §  2380 

lunatic  or  his  estate  is  liable  for  necessaries 5,  p.  3931'  §  2330 

insane  person  cannot  ajjpoint  an  agent 1 ,  p.        4' s       4 

but  may  be  agent j '  p"        g^  g        q 

imprisonment  of  insane  persons,  when  porniitted  without 

,      .  r"'*'"' 3,  p.  1S20,§1CG0 

physician   13  liable  for  detaining  sane  person    in  asyli-.m 

ag.ainst  his  will .7.  p.  CICG.  §  SOU 

action  will  he  for  a  conspiracy  to  vex  or  harass  a  person  by 

having  him  subjected  to  an  inquisition  of  lunacy,  with- 

,.     ,  o»tcause 3.  p.  17SS,  §  1047 

dissolution  of  partnership  by  lunacy  of  partner 2,  p.  1241,  §    G71 

lunatic  not  competent  to  make  contract  of  marriage 2,  p.  12U3,  §    707 

lunatics  may  become  stockholders  in  coiporatiou 1,  p.    (jio',  §    313 


■ 


C5S6 


INSANITY. 


Insanity— (Contiimml.) 

of  principal  revoiics  agency 1,  p.      C7,  §      fil 

of  a^ent  i evtikoi  ayi-my 1 ,  p.       07,  §      •'>2 

insanity  at  tlie  timu  (/f  luarriago  cause  fur  diviirco J3,  p.  1  H'i,  §    787 

insanity  at  time  of  act  j^ooil  dofunso  to  hill  for  ilivorco.  .2,  p.  14-4'J,  §    7t)3 

suit  for  divorce  may  bo  prosccuti'il  l)y  or  against  guardian 
or  co:ninittee  of  insane  ikm-hoii,  wliuro  act  was  cnni- 
niitted  before  party  became  insane 2,  142S,  §    7S0 

insurer  li.ihlc,    tliou^ii   insured  while  insane  suti  lire  to  hi3 

proj.crty 8,  p.  3350,  §  2090 

cffoct  of  insanity  on   forfeiture  in   policy  of  life  in^iurame 

where  insured  conunits  sui  ide 6,  p.  3C15,  §  2130 

insanity  of  insured  will  excuse  failure  to  furni;»li  i)iclindiiary 

proofs 5,  p.  3.")40,  §  2079 

insanity  or  sickness,  or  other  inuapacity  of  insured  no  excu.so 

for  not  paying  premium 0,  p.  3.'33,  §  2172 

death  of  pirty  before  award  revokes  s  ibiiissi  m 0,  p.  5;!31,  S  3301 

resignation  of  olllee  by  insane  pcr.ion,  elfect  of 7,  p.  uOSJl),  §  3S12 

insane  person  cannot  m;d{0  valid  will 6,  p.  /)13Df  §  31(il 

what  is  or  is  not  insanity 6,  p.  51-t  •,  §  3101 

effect  of  will  made  in  lucid  inturvals .6,  p.  AUl,  §  3102 

partial  insiinity  of  testator  av  lids  will C,  p.  5142,  §  3103 

will  made  during  delirium  is  void G,  p.  5143,  §  3104 

idiots  are  incapacitated  from  making  w  ill 0,  p.  5144,  §  3106 

2.  Gu'inliiih-iliip  I'f  Lunitifx. 

guardians  of,  ho.v  ajipointcd S,  p.  1541,  §    848 

statutory  procedure  must  Ijo  follow  ed 2,  i».  1542,  §    848 

generally  named   "  conservators  "  or  "committee". .  .2,  p.  1541,  §    843 

may  be  apjointed  for  lunatic  out  of  jurisdiction 2,  p.  1541,  §    843 

equity  has  inherent  power  to  onler  sale  of  lunatic's  real 

estate .   2,  p.  1542,  §   848 

inquisition  of  lunacy  will  not  be  si.t  aside  for  mere  irregu- 
larity   2,  p.  1542,  §   848 

appointment  of  a  guardian  for  insane  person  a  determina- 
tion of  fact  of  insanity,  and  will  bo  presumed  to  have 
been  made  under  jurisdiction 2,  p.  Ic4?,  §    848 

letters  of  guardianship  of  lunatic  issued  by  probate  court 

cannot  be  quLStioncd  in  coll  itural  pnn  ceding 2,  p.  1542,  §    848 

commisaim  in  lunacy  will  not  be  superseded  where  the  peti- 
tioner, previously  f  und  insane  by  jury,  is  liable  at 
any  nKunent  to  bjcome  excite  1  beyond  control.  .2,  p.  1512,  §    843 

fact  of  insanity  judicially  ascertained,  law  presumes  its  con- 
tinuance until  a  restoration  to  sanity  or  lucid  interval 
is  established 2,  p.  1542,  §    848 

discharge  from  lunatic  asylum  because  officers  adjmlged 
patient  restored,  j}riiu:i  facie  evidence  of  such  restora- 
tion  2,  p.  1542,  §   848 


ni 

787 


rso 


INSANITY— INSURANCE.  0587 

Insanity -(rontinnod.) 

power  of  coiiit  to  ui)p.)int  guanliin  for  lunatic  not  clcfoatrd 

by  fact  tliat  ouch  person  is  niarriud 3,  p,  ] r)[^^  g    gig 

what  (logrou  of  insanity  esiuntial  togivu  jiirisdirtion. ,  .2,  p.  irM,  §  813 
ptTHon  (leaf  anil  (luinhfrom  birth  not  .loinio.I  nou  rowj>n,.2,  j).  Ijrj,  §  843 
omuucipatutl  no^jro  woman  n<o.U  no  guanlian  to  '■nable  lier 

to  receive  or  A'rant  estate 2,  p.  1413,  §    813 

who  will  boappoititca  "committeo" ..g'  j,.  ir>\:l  §    818 

power  and  liability  of  guardian  or  uoniniitteo 2,  p.  1  j»;{]  §    643 

pleading  and  [)artim  iu  proueutling  to  appoint  u'uardian'or 

.  .   conunittte ~ g   p    ,540^3    gjg 

petition  for  restoration  should  be  in  names  of  Uu>.Uc  and 

.    ,      <-'"">'"'tt«' •3,p.I547,§    843 

judgment  proper  y  rendered  against  lunatic,  and  not  aguinst 

,    «"^^'^^''^" 2,  p.  1517,§    813 

good  cause  for  removing  trustee  or  committee  of  lunatic 

that  ho  is  not  resident  of  state 2   p   1547  8    848 

Insolvency. 

Sue  Banicuuptcv;  Conflict  of  Laws.  * 

does  not  work  dissolution  of  corporation 1,  p.    841,  §    COS 

insolvent  life  company  liable  to  policy  holders  in  damages' 

for  breach  of  contract 6?  p.  35G.1,  §  2092 

death  claims  maturing  before  dissolution  not  superior  to 

rights  of  Lviug  policy-holders 6   p,  3505.  §  2092 

-nspection. 

See  CoiipoRATiONS,  5. 

right  of  partner  to  inspect  books 2  v  I^SS  §    603 

Insurance.  "  '  *^*    *"    ' 

See  Alteratiox  of  I.nstrumekts. 
(a).  General  PitiNcii'LES. 

1.  2'//c  Policy  til  General, 

2.  Warrantka,  lieprcsenlation  and  Concealment. 

3.  CoudUiona  and  Covenants  in  Poliaj. 

4.  liemedks  and  Dc/enses, 
(b).  FiuE  Insuranck. 

(c).  Life  Insurance. 

(d).  Accident  Insurance. 

(e).  Mutual  Inscrance. 

(f).  Marine  Insurance. 

(g).  Other  Kinds  of  Insurance. 

(h).  Officers  and  Agents  of  Insurance  Cosipanies. 
(a).   General  Principles;  1,   The  Puliry  in  General. 

insurance  an  executory  contract  of  indemnity 5,  p.  3452  §  2037 

a  personal  contract,  and  does  not  pass  with  title  to   i)r'op.' 

.        ^'■^y*  ;•;•••, 5,  p.  3482,  §  2037 

remsnnance  dehned 5.  p.  34S2,  §  2l).18 

ellect  of  contract  of  reinsurance 5^  „  345.,  «  gJSS 


«• 


C588 


INSURANCE. 


Insurance— (Continued.) 

contract  of  reinsurance  not  within  the  statute  of  franrls.S,  p.  31S3  n,  §  203S 

unless  expressly  authurizeil,  ultra  vires  oUicers  of  insunince 

company 5,  p.  31S3  n,  §  2033 

judgment  against  orij^inal  insurer  binding  upon  reinsuring 
companies  who  had  notice  of  suit  and  opportunity  to 
defend 5,  p.  3 IS  1,  §  2033 

donhle  insurance  defined 5,  p.  34J:5,  §  2039 

rerjuisites  of  contract  of  douMo  insurance 5,  p.  3485,  §  2039 

when  different  jjolicies  in  different  companies  must  con- 
tribute to  same  loss 5,  p.  34S5,  §  2039 

vherc  several  insurers  of  same  propcrtj',  insured  has  right 
to  recover  of  auy  amount  of  loss,  without  regard  to 
others 5,  p.  34SG,  §2039 

insurer  who  has  made  good  loss  has  claim  on  the  co-insurers 

to  be  reimbursed 5,  p.  31SG,  §  2039 

a  clause  restricting  liability  of  insurer,  where  subsequent  in- 
surances are  mide,  to  proportionate  part  of  loss.  .5,  p.  StSG,  §  2039 

insurance  contract  need  not  be  in  particular  form 5,  p.  34SS,  §  2040 

but  policy  under  seal  usually  issued 5,  p.  3489,  §  2040 

one  who  accepts  policy  presumed  to  know  its  terms  and 

their  meaning 5,  p.  3489,  §  2040 

contract  need  not  be  in  writing;  good  by  word  of  moulh..5,  p.  3489,  §  2040 

presumed   to  be  in   terms  of  policies  issued   in  ordinary 

cases 5,  p.  3439,  §  2040 

renewal  of  policy  need  not  be  under  seal,  although  the  policy 

is 5,  p.  3490,  §  2040 

contract  must  be  definite  in  its  terms,  both  as  to  term  and 

rate  of  premium,  before  it  can  be  enforceil 5,  p.  8499,  §  204O 

contract  of  insurance  is  incomplete  which  wants  any  of  five 
ingredients;  subject-matter,  risk  insured  against, 
amount,  duration  of  risk,  and  premium  of  insur- 
anc3 5,  p.  3490,  §  2040 

words  and  jjriuted  figures  in  margin  of  policy  arc  part  of  the 

p>licy 5,  p.  3490,  §2040 

conditions  printed  in  small  type  on  back  of  policy  not  to 

bind  iijsured 5,  p.  3490,  §  2040 

policy  gdod  though  required  by  law  of  company  to  be  in  par- 
ticular form 5,  p.  3490,  §2040 

in  construing  iinlicies  regard  is  liad  to  tlio  intent  and  mean- 
ing of  parties,  rather  than  to  the  literal  meaning  of 
words 5,  p.  3402,  §  2041 

no  part  of  words  of  policy  sliouKl  be  rejected 5,  yi.  3l92,  §  2041 

portion   of  description    wiiich    ia    false   disregarded,    where 

enough  remains  to  identify  property 5,  p.  3192,  §  2041 

inaccura'o  description  of  premises   insured  will  not  defeat 

jjolicy . .  .5,  p.  3192,  §  2041 


INSURANCE.  6589 

Insurance— (Continued.) 

special  clause  which  creates  an  exception  to  general  clause 

governs  latter  clau-e 5^  p.  3492,  §  2041 

valued  and  open  policies  defined  and  distinguished 5,  p.  3493,'  §  2042 

construction  of  Dolicy/'to  whom  it  may  concern" 5.  p.  3494'  §  2042 

what  interests  may  and  may  not  be  insured 5,  p.  3^95,'  §  2043 

lottery  tickets  may  not  be  insured  where  lotteries  are  pro- 
hibited by  law 5,  p.  3496,  §  2043 

nor    intoxicating    liquors    kept    by   assured    for    illegal 

^^^^•. 5,  p.  3490,  §  2043 

nor  premises  kept  for  gaming  purposes 5,  p.  349(5^  g  2043 

an  insurance  policy  procured  by  fraud  is  void 5,  p.  349G,'  §  2043 

valid  contract  of  insurance  may  be  made  before  issuance  of 

,  P""''.^ 5,  p.  3496,  §  2044 

destruction  of  property  before  policy  issued;  company  lia- 

^^^ 5,  p.  3496,  §  2044 

payment  of  premium  is  not  condition  precedent  to  contract 

unless  policy  so  provides 5^  p.  3493^  §  2045 

even  where  required  \y  policy  payment  may  be  shown  not  to 

have  been  .    ^  . -ed  by  company 5,  p.  3498,  §  2045 

where  company  reserves  right  to  approve  or  reject  risk  tak- 
en by  agent,  not  liable  for  loss  occurring  before  it 

has  communicated  its  disapproval 5,  p.  3500,  §  2046 

delivery  of  policy,  what  constitutes 5,  p.  3 jOL'i  §  2047 

formal  acceptance  of  policy  not  essential 5,  p.  3j02,'  §  2047 

application  for  insurance  may  be  withdrawn  at  any  time  be- 
fore policy  issued 5^  p.  3502,  §  2047 

where  policy  is  agreed  to  be  delivered  within  a  month,  no 

demand  necessary 5^  p  3-502,  §  2047 

whether,  when  by-laws  provide  that  insurance  shall  not 
take  effect  until  premium  is  paid  in  cash,  agent  tak- 
ing risk  may  waive  these  conditions 5,  p.  S502,  §  2047 

too  late  to  accept  policy  and  tender  premium  after  loss.  .5,  p.  3503,  §  2047 

countersigning  of  policy  by  agent,  when  necessary 5,  p.  3503,  §  2048 

ini.orsement  by  agent  of  changes  in  conditions  when  neces- 

^'''■y 5,  p.  3503,  §  2048 

cancellation  of  policy,  power  of  company  as  to 5,  p.  3505,  §  2049 

of  fire  policy,  cannot  be  exercised  in  face  of  threatened 

,      ,.  ^°^\-  ■  ■  • 5,  p.  3505,  §  2049 

duration  of  risk,  at  what  tune  risk  commences  and  ends.  5,  p.  35J7,  §  2J50 
renewal  of  policy  is  a  new  contract  on  terms  of  original 

^   P^^'^'y 5,  p.  3508,§2050 

what  will  amount  to  renewal  of  policy 5,  p.  SoOd,  §  2050 

application,  condition  therein,  by-laws  of  the  company,  or 
any  matters   referred  to  in  policy,  and  by  express 

words  made  part  of  it,  are  part  of  policy 5,  p.  3512,  §  2052 

indorsements  on  policy  are  part  of  it 5,  p.  3513  §  2052 

LAW8ON  R.  &  R.    400.                                                                      '  ' 


6590 


INSURANCE. 


Insurance — (Continued. ) 

where  written  matter  in  policy  conflicts  with  or  contradicts 

printed  matter,  former  prevails 5,  p.  3515,  §  2054 

where  they  do  not  convict,  policy  is  construed  so  as  to  give 

eDfect  to  both 5,  p.  3515,  §  2054 

2.    Wan'antkn,  Representations  and  Concealment. 

warranty  in  insurance  policy  defined 5,  p.  3309,  §  2051 

.  affirmative  and  promissory  warranties  distinguished. .  .5,  p.  3510,  §  2051 

warranty  must  be  literally  true 5,  p.  3510,  §  2051 

word  "  warranty  "  need  not  be  used 5,  p.  3510,  §  2051 

what  are  and  are  not  warranties  in  policies 5,  pp.  3510-3511,  §  2051 

warranties  are  not  favored 5,  p.  3515,  §  2053 

language  capable  of  more  than  one  construction,  held  to  im- 
port representation,  ratlier  than  warranty 5,  p.  3515,  §  20"3 

representations  are  either  affirmative  or  promissory ....  5,  p.  351*!,  §  2055 
what  are  representations  in  law  of  insurance;  eflect  of. 5,  p.  351G,  §  2055 

representation  must  be  material  to  risk 5,  p.  3516,  §  2053 

erroneous  matter  of  opinion  not  a  misrepresentation 5,  p.  3517,  §  2U57 

change  in  the  matters  represented  subsecjuent  to  the  making 

of  contract  does  rot  affect  it 5,  p.  3518,  §  2058 

representation  is  a  continuous  statement  for  how  long . .  5,  p.  3520,  §  2058 

statute  as  to  warranties  and  representations 5,  p.  3520,  §  2059 

concealment  on  part  of  insured  avoids  policy 5,  p.  3520,  §  2060 

fact  must  be  known  to  the  applicant;   no  concealment  of 

fact  which  is  not  known  to  insured 5,  p.  3521,  §  206O 

it  must  be  known  to  be  material  to  insurance 5,  p.  3521,  §  20G0 

not  concealment  not  to  state  facts  whicli  the  insurer  knows 
or  ought  to  know,  or  facts  which  lessen  instead  of  in- 
crease risk 5,  p.  3521,  §  20GO 

what  facts  need  not  be  disclosed 5,  p.  .1522,  §  2061 

what  facts  must  be  disclosed 5,  p.  3523,  §  2062 

3.  Conditions  and  Covenants  in  Policy. 

where  by  terms  of  policy  insured  is  required  to  give  notice 
of  any  particular  fact,  only  essential  that  notice  bo 

given  within  reasonable  time 5,  p.  3523,  §  2003 

if  policy  does  not  otherwise   provide,    notice   by  word  of 

mouth  to  any  agent  of  insurer  sufficient 5,  p.  3523,  §  2064 

oral  notice  received  by  company  witliout  objection,  Maivcr 

of  requirement  of  writt  n  notice 5,  p.  3524,  §  2005 

conditions  against  "  other  insurance  "  in  policy  are  valid.5,  p.  3524,  §  2066 

what  is  and  is  not  "other  insurance " 5,  p.  3527,  §  2067 

non-payment  of  premium  as  agreed  in  policy  forfeits  it  5,  p.  3529,  §  2068 
payment  of   part   of    premium   does    not  prevent  forfeit- 
ure   5,  p.  3329,  §  2063 

elTect  of  payment  by  stranger  without  knowledge  of  in- 
sured  5,  p.  3529,  §2068 

effect  of  taking  premium  note 6,  p.  353U,  §  2069 


INSUKANCE.  6591 

Insurance  —(Continued, ) 

non-payment  of  premium  note  or  interest  thereon  forfeits 

.P°^'<^y 5,  p.  3531,  §  2070 

premium  clue  on  certain  Jay  must  be  paid  on  or  before  mid- 

nightof  thatday 5,  p.  3533,  §  2071 

if  paid  before  that  hour,  even  after  loss,  sufficient. . .  5,  p.  3533.  §  2071 
where  premium  falls  due  on  Sunday,  it  may  be  paid  on  fol- 
lowing day,  even  after  loss 5,  p.  3533,  §  2071 

good  excuse  for  non-payment  of  premium  that  insurers  had 
already  declared  policy  forfeited,  that  they  would  not 

receive  it  if  tendered 5,  p.  3533,  §  2072 

that  insurance  company  had  gone  into  compulsory  liquida- 

. ,    ^  *'°° 5,  p.  3533,  §  2072 

that  company  had  appointed  new  agent  whom  insurer  was 

not  able  to  find 5^  p.  3533^  §  2072 

war  between  country  of  insurer  and  the  insured,  excuse  for 

non-payment  of  premium 5,  p.  3533^  §2073 

insanity  or  sickness  or  other  incapacity  of  insured,  no  excuse 

for  not  paying  premium 5^  p.  3533^  §  2070 

forefeiture  may     be    waived    by    acceptance  of    overdue 

^       premium 5,  p.  3534,  §  2073 

where  policy  requires  that  notice  of  loss  be  given  within 
certain  time,  requisite  that  it  be  given  within  specified 

*!'"^ 5,  p.  3536,  §2075 

usage  of  insurance  company  to  allow  certain  time  after  the 
day  appointed  in  which  payment  might  be  made  is 
waiver  of  forfeiture 5^  p,  3535^  §  0074 

where  company  has  been  accustomed  to  send  notice  to  in- 
sured when  premium  fell  due,  it  cannot  exact  for- 
feiture   for     non-paymrnt     without      giving     such 

,.     ""^''^t ; r... 5.  p.  3536,  §2074 

notice    need    not  be  in    writing    unless    so    required    by 

J'']''y 5,  p.3537,§207tt 

notice  by  post 5,  p.  35.37,  §  2076 

notice  required  to  be  given  before  "nearest  notary  ".,5,  p.  3533,  §  207G 

other  requisites  of  notice 5^  p   353^   s  oq-q 

where  policy  requires  that  the  notice  be  given  "  forth- 
with,"  or  "as  soon  as  possible,"  or  "immediately," 
etc.,  these  phrases  require  simply  due  diligence.. 5,  p.  3537,  §  2075 

who  may  give  notice 5^  p.  3533]  §  2077 

to  whom  may  notice  be  given 5^  p.  3533^  g  2077 

notice  may   be  waived  by  insurer  either  expressly  or  im- 

,.    Pli^J'y-; 5.  p.  3539,  §2078 

stipulations  in  policy  that  insured  shall  furnish  certain 

preliminary  proofs  of  loss,  conditions  precedent.  .5,  p.  3540,  §  2079 
construed  strictly  again&t  insurers,  and  liberally  in  favor 

**^i°^"'"^'^ 6.  p.  3540,  §  2079 


6592 


IKSURANCE. 


Insurance —(Continued. ) 

where  no  policy  issued,  insured  not  bound  by  conditions 

as  to  proof  of  loss 5,  p.  3510,  §  2079 

condition  that  assured  shall  furnish  proofs  of  loss  will  not 
prevent  recovery  if  unable,  without  fault  or  fraud,  to 

procure  them 5,  p.  3540,  §  2079 

Insanity  of  insured  will  excuse  failure  to  furnish  prelim- 
inary proofs 6,  p.  3540,  §2079 

but  not  fact  that  policy  has  been  lost 5,  p.  3540,  §  2079 

preliminary  proofs  not  admissible  as  evidence  for  plaintilf 
on    trial  of  an  action  on  the  policy,    to  prove  his 

case 6,  p.  3540,  §  2079 

though  admissirms  which  may  be  proved  against  him,  he 
may  contradict  them,  and  show  that  they  are  false  or 

incorrect 5,  p.  3540,  §  2079 

proofs   must    bo    furnished    within    time    stipulated    in 

policy 6,  p.  3540,  §2080 

where  no  time  specified,  reasonable  time  allowed ....  5,  p.  3541,  §  2080 

mode  of  furnishing  preliminary  proofs 5,  p.  3541,  §  20&0 

waiver  of  preliminary  proofs  by  insurer,  what  is  and  what 

is  not 5,  p.  3542,  §  2081 

particular  account  of  loss;  requisites  of 5,  p.  3545,  §  2082 

effect  of  fraud  or  mistake  in  preliminary  proof  of  loss  in  ac- 
tion against  insurance  company 5,  p.  3547,  §  2033 

where  loss  payable,  by  policy,  certain  time  after  proof  made, 
suit  cannot  be  brought  until  after  the  expiration  of 

that  time 5,  p.  3548,  §  20S4 

if  insurer  absolutely  refuse  payment,  suit  may  be  brought  im- 
mediately  5,  p.  3543,  §  2084 

provision  of  insurance  pdicy  that  no  execution  shall  issue 
upon  any  judgment  against  it  until  three  months 
after  the  rendition  thereof,  will  be  enforced,  although 
the  judgment  be  founded  upon  a  foreign    judgment 

rendered  long  before 5,  p.  3548,  §  2084 

condition  in  policy  that  no  action  shall  be  sustained  unless 
commenced  within  certain  period  after  the  loss,  not 
in  controvention  of  policy  of  statutes  of  limita- 
tion.  5,  p.  3548,  §2084 

what  may  be  legal  excuse  for  not  bringing  suit  within  time 

limited 5,  p.  3540,  §2084 

new  promise  or  acknowledgment  will  not  revive  cause  of  ac- 
tion barred  by  such  limitation 5,  p.  3550,  §  2084 

condition  in  policy  limiting  place  where  action  is  to  be 
brought,  or  that  suit  is  only  to  be  brought  in  a  certain 

state,  invalid 6,  p.  3552,  §2035 

conditions  as  to  action  may  be  waived  by  insurer  either  ex- 
pressly or  impliedly 5,  p.  3552,  §  2086 


IKSURANCB.  6593 

Insurance— (Continued. ) 

condition  allowing  exemption  from  suit  for  cert:»in  time 
after  loss  waived  by  insurer   refusing  absolutely  to 

pay 5,  p.  3552,  §  2086 

or  by  general  denial  of  any  liability  on  the  part  of  com- 
pany  5,  p.  3552,  S20Sfi 

stipulation  that  suit  shall  not  be  brought  on  policy,  but  that 

dispute  shall  be  referred  to  arbitration,  invalid.   5,  p.  3">.>3,  §  2087 

clause  in  policy  requiring  particular  kind  of  proof  of  loss, 

invalid 5,  p.  3553,  §  2087 

delivering  policy  to  insued  after  knowledge  of  facts  on  which 
its  validity  might  be  disputed  is  a  waiver  of 
them 5,  p,  3554,  §  2088 

acts,  declarations,  or  dealing,  by  insurers  with  knowledge  of 
the  facts  constituting  breach  of  condition  of  policy 
waiver  of  such  breach,  and  estop  insurers  from  set- 
ting it  up  in  defense 5,  p.  3554,  §  2088 

acceptanc  ,of  premiums  Vnowing  that  policy  is  subjected  to 
forfeiture  for  violation  of  condition,  is  waiver  of  con- 
dition  5,  p.  3554,  §2088 

4.  Remedies  and  Defenses. 

insurer  has  right  of  subrogation  to  rights  of  insured  against 

third  parties  who  may  be  liable  to  insured  for  loss.  5,  p.  3559,  §  2091 

action  will  not  lie  by  insurance  company  which  his  paid  loss 
on  life  insured  by  it  against  railroad  which  caused 
death,  for  amount  which  it  has  been  forced  to  pay.  5,  p.  3560,  §  2091 

mortgagee  has  no  interest  in  insurance  policy  issued  to 
mortgagor  for  his  own  benefit,  and  cannot  be  subro- 
gated to  iatter's  rights  5,  p.  35G0,  §  2091 

where  there  his  been  loss  before  policy  actually  delivered, 
but  after  contract  made,  insured  may  resort  to  equity 
to  comi)el  issuance  to  him  of  policy 5,  p.  35G2,  §  2092 

insured,  on  proving  contract,  may  recover  at  law  without 

issuance  of  policy 5,  p.  3562,  §  2092 

where  insured  finds  that  policy,  by  mistake  or  fraud,  does 
not  express  real  agreement,  he  may  ajjply  to  equity 
to  have  it  reformed 5,  p.  35G2,  §  2092 

or  may  sue  on  policy  and  vary  terms  of  policy  by  parol  evi- 
dence   5,  p.  35G3,  §  2092 

equity  will  compel  renewal  of  a  policy,  surrender  of  which 
has  been  obtained  unfairly,  or  surrender  of  policy  so 

obtained 5,  p.  3563,  §  2092 

suit  may  be  brought  for  damages  for  breach  of  contract  to 

continue  policy  according  to  its  terms 5,  p.  3563,  §  2092 

covenant  to  insure  in  lease;  construction  and  effect  of.  ..6,  p.  4643,  §  2842 

broker  not  liable  for  premium 1,  p.    397,  §    225 

power  of  factor  to  in&ure 1,  p.    421,  §    22') 


6594 


INSURANCE, 


Insurance—  (Continued. ) 

bailee  ia  not  bound  to  insure  property  in  his  own  hnnds..4,  p.  2975,  §  1736 
Msignee  can  procure  insurance  on  the  property  before  filing 

bond 4,  p.  3408,  §  2001 

directors    not    bound    to     keep    corporate    property    in- 
sured  1,  p.    697,  §    414 

agent  insuring  his  principal's  property  in  company  for  which 
he  is  also  agent,  entitled  to  be  reimbursed  premiums 

paid  out  I  /  him 1,  p.    153  n,  §     97 

agent  neglecting  to  insure  cargo  shipped  to  him  as  directed 

by  owner  cannot  maintain  action  for  a  premium.,.  1,  p.  156  n,  §  93 
guardian  not  liable  for  failing  to  insure  a  farm-house. .  .2,  p.  1578,  §  876 
power  of  building  and  loan  association  to  insure  property 

taken  as  security 2,  p.  1036,  §    581 

by-law  of  board  of  underwriters,  requiring  members  to  fol- 
low uniform  rates  of  insurance,  valid 1,  p,    805,  §  483 

creditor  who  holds  policy  of  life  insurance  on  debtor's  life 
guilty  of  negligence  in  not  keeping  up  payment  of 

premiums 4,  p.  3028,  §  1771 

action  will  lie  to  recover  back  premiums  paid,  when. .  ..5,  p.  3564,  §  21)92 

other  remedies  against  insurance  companies 6,  p.  35G4,  §  2092 

insolvent  life  company  liable  to  policy-holders  in  damages 

for  breach  of  contract 5,  p.  3565,  §  2092 

death  claims  maturing  before  dissolution  not  superior  to 

rights  of  living  policy-holder-i 5,  p.  3563,  §  2092 

action  will  lie  against  agent  who  has  untruthfully  repre- 
sented that  plaintiff  is  insured 5,  p.  3508,  §  2093 

action  of  deceit  will  lie  by  party  who  has  been  induced  to 
insure  in  worthless  company,  against  officers  of  the 

company  who  have  made  false  statements 5,  p.  3567,  §  2093 

equity  will    compel    surrender    of    policy  wrongfully  ob- 
tained or  delivered  under  mistake  of  facts   induced 
by  misrepresentation  or  concealment  of  assured  .  .5,  p.  3568,  §  2094 
equity  will  restrain  by  injunction   suit  on   such  policy,  if 
fraud  cannot  be  set  up  in  action  at  law,  and  no  loss 

has  occurred 5,  p.  3568,  §  2094 

if  loss  be  paid  under  mistake,  insurers  may  recover  back 

amount  so  paid  on  redelivery  of  policy 5,  p.  3508,  §  2094 

cannot  in  absence  of  fraud  reopen  and  try  a  case  upon 
ground  which  might  have   been  presented  and  tried 

when  claim  was  made 5,  p.  3568,  §  2094 

where  policy  is  to  be  void  on  default  of  payment  of  install- 
ment, insurer  cannot  recover  "for  succeeding  install- 
ments  5,  p.  3569,  §2094 

measure  of  recovery  in  actions  on  fire  insurance  policies,  5,  p.  3619,  §  2116 

See  also  Damages. 
right  of  insurer  to  rebuild  or  replace  property  destroyed..  6,  p.  3624,  §2118 


97 


INSURANCE.  6595 

Insurance— (fontinued  ) 

that  Hre  was  caused  by  ne.dli/^ence  of  insured,  or  his  tenants, 
agents,    or  servants,   no  defense  to  action  on   pol- 

icy......   5,  p.  3556,  §  2089 

iraad  or  misconduct  of  insured  will  prevent  recovery   on 

plicy.when 5,  p.  3553,  §  2090 

one  effecting  insurance  on  another's  life,  who  murders  him  to 
obtain    insurance    money,    forfeits    his    ri^jht    there- 
to.  °... 5,  p.  3559,  §2090 

insnrer  liable,  though  insured  while  insane  sets  fire  to  his 

property 5,  p.  3559.  §  2090 

(b.)  Fxrt  Insurance. 

insured  must  have  interest  in  property  insured  .... 5,  p.  ZTilO,  %  2095 

wager  policies  of  insurance  invalid 5',  p.  3570',  §  2,)95 

•what  is  or  is  not  an  insurable  interest 5,  p.  3.-)7i '  §  •_»0!)5 

who  have  and  have  not  insurable  interest  in  property.  .5,  p.  3572]  §  2095 
insured  in  application  need  not,   unless   specifically  called 
for  by  conditions  of  insurance,  set  out  nature  of  title 

to  property 5.  p.  357G,  §  2096 

mortgagee  may  insure  generally  on  property  without  dis- 

closing  interest 5,  p.  gjyg^  g  gOOG 

party  in  possession  may  recover  e  itire  amount  notwithstand- 
ing invalidity  of  title 5^  p.  3577^  §  2090 

where  applicant  is  required  to  set  out  true  title,  failure  to 
do  so  accurately  will  amount  to  a  misrepresenta  ion 

or  concealment,  and  avoid  the  policy 5,  p.  3577^  §  2097 

requirement  may  be  waived  by  insurer  treating  policy  as 
valid  after  he  learns  that  true  nature  of   interest  has 

not  been  stated ^   p  3873,  §  2097 

construction  of  dififerent  words  and  phrases  as  to  title.  .5,  p.  357S,  §  2093 
statements  as  to  amount  of  encumbrances  on  property  ma- 
terial, and  if  false  will  avoid  the  policy 5,  p.  3532,  §  2099 

where  general  statement  is  given,  and  the  poliny  is  issued 
on  this,  it  will  be  valid,  even  though  specific  amounts 

were  called  for,  but  not  given 5^  p,  3533^  §  2099 

where  number  and  amount  of  encumbrances  are  stated,  they 

must  be  stated  correctly 5^  p  3,-;83  §  0399 

what  is  or  is  not  "encumbrance"  within  a  policy 5,  p.  3583,  §  2099 

whether  policy  mentions  overvaluation  as  ground  of  forfeit- 
ure or  not,  simple  overvaluation  standing  alone   will 

not  avoid  policy..   5,  p.  3584,  §  2100 

overvaluation  must    be  so  gross  as  to  raise  presumption  of 

fraud  in  applicant 5,  p  3584,  §2100 

overvaluation  in  open  policy  of  insurance  immaterial.. .  .5,  p.  3585,  §  2100 
provision  that  nothing  shall  be  done  or  no  alteration  made 

on  premises  so  as  to  increase  the  ri^k,  effect  of. .  .6,  p.  3536,  §  2101 
what  is  and  what  is  not  an  increase  of  risk 6,  p.  3533^  §  2102 


6596 


INSURANCE. 


Insurance— (Continued.) 

without     express    condition,    alteration    which     is    mate* 
rial,     and     which  will     increase    risk,     will  avoid 

policy 5,  p.  3589,  §  2103 

alteration  which  does  not  increase  risk,  and  not  prohibited 

by  policy,  will  not  afifoct  it 6,  p.  S.'SO,  §2103 

policy  is  not  atfected  by  change  of  tenants 6,  p.  359D,  §  2103 

where  it  is  agreed   that  certain  speci  ied  alterations  shall 
avoid     policy,     question     of     materiality    to    risk 

irrelevant 6,  p.  3590,  §  2103 

no  excuse  that  alteration  was   made  by  tenant  without 

authority 5,  p.  3590,  §  2103 

what  are  and  are  not  "  alterations  " 5,  p.  3590,  §  2103 

property  described  as  dwelling-house,    not  representation 

that  it  is  occupied,  or  will  continue  to  be  so 5,  p.  3591,  §  2104 

fact    that    house    described  as  occupied    becomes  after- 
ward unoccupied  does  not  avoid  policy 5,  p.  3592,  §  2104 

where  policy  provides  if  premises  become  vacant  or  unoccu- 
pied insurer  shall  be   notified,  or  not  liable,  want  of 

notice  of  non-occupation  will  avoid  policy 5,  p.  3592,  §  2104 

is  immaterial  that  assured  may  have  striven  diligently  to 

keep  them  occupied 6,  p.  3592,  §  2104 

construction  of  phrase  "vacant  and  unoccupied  " 5,  p.  3593,  §  2104 

provision  is  waived  by  insurer,  when 5,  p.  3594,  §  2104 

other  prohibitions  as  to  use  of  premises 5,  p.  3597,  §  2105 

keeping  hazardous  articles 5,  p.  3597,  §  2105 

using  building  for  unlawful  purpose 5,  p.  3597,  §  2105 

occupied  as  "boarding-house" 5,  p.  3597,  §  21 05 

occupied  as  a  "tavern-keeper" 5,  p.  3597,  §  2105 

conditions  against  running  mill  "extra  hours" 5,  p.  3598,  §  2105 

building  appropriated  to  "hazardous  vocations'' 5,  p.  3.")98,  §  2105 

keeping  petroleum,  camphene,  etc.,  on  premises 5,  p.  3598,  §  2105 

storing  or  keeping  gunpowder 5,  p.  3599,  ^  '..'105 

keeping  fireworks  on  premises 5,  p.  3599,  §  2105 

requirement  that  watchman  be  kept  on  premises. . .  .5,  p.  3G00,  §  2105 
provision  against  smoking  or  carrying  open  lights. .  ..5,  p.  3G00,  §  2105 

keeping  "hay  pressed  in  bales" 5,  p.  3G00,  §  2105 

customary  use  of  premises  always  permitted,  although  policy 

may  prohibit  the  particular  use 5,  p.  3G03,  §  2106 

alienation  of  property  nullifies  claim  which  insured  has.  5,  p.  3603,  §  2107 
alienation  of  property,  if  absolute,  works  forfeiture,  whether 
stipulated  in  policy  or  not,  if  property  is  out  of  pos- 
session at  time  of  loss 5,  p.  3fi03,  §  2107 

alienation,  to  work  forfeiture,  must  be  by  party  insured. 5,  p.  3G03,  §  2107 
alienation  of  part  of  property  will  affect  risk  on  whole, 

premium  paid  being  for  entire  risk 5,  p.  3603,  §  2107 

farther  effects  of  alienation  of  property  insured &>  p.  3604,  §  2107 


INSURANCE.  6597 

Insurance— (Continued. ) 

what  is  and  what  is  not  an  "alienation" 5,  p.  3G0S,  §  2103 

what  is  a  "transfer"  of  property  insure  1 5,  p.  3f;()3,  §  210!) 

what  is  a  "change  of  title"  in  property  insured 5,  p.  SOOS,  §210!) 

"change  of  occupancy,"  construed 5.  p.  3Gt)0,  §  210!) 

"change  of  possession,"  construed 5,  p.  3  ,09,  §  2103 

provision  that  insurance  shall  cease  if  property  is  levied 
or  taken  into  custody  or  possession,  does  not  include 
a  technical  levy  without  change  of  possession. .  .5,  p.  3G11,  §  2110 

nor  a  wrongful  levy 5,  p.  3C1I,  §2110 

nor  issuance  of  execution  on  judgment  for  mechanio's  lien 

and  notice  of  sale  of  property 5,  p.  3011,  §  21 10 

where  doubtful  what  goods  or  buildings  or  places  are  cov- 
ered by  policy,  doubt  will  be  resolved  against  insur- 
ers; evidence  admissible  to  resolve  doubt 5,  p.  3G11,  §  2111 

where  property  is  insured  as  "  contained  in"  certain  build- 
ing, or  in  certain  [art  of  builling,  policy  will  cover 
only  such  property  as  is  at  time  contained  in  build- 
ing  5,  p.  3G11,  §2112 

customary  and  reasonable  use  of  property  insured  is  per- 
mitted by  insured 5,  p.  3G12,  §  21 12 

wearing    apparel  burned    while  worn    away  from    housp, 

insurer  liable 5,  p.  3G12,  §2112 

damage  by  fire  for  which  insurers  are  liable  includes: 

damage  by  heat  or  by  scorching  of  paint,  cracking  of 
glass,  blistering  of  pictures  and  furniture,  where  the 

fire  itself  has  not  reached  tlie  articles 5,  p.  301.%  §  21 13 

damage  by  water  in  extinguishing  the  fire 5,  p.  .3013,  §  21 13 

theft  of  goods  or  mislaying  them 5.  p.  3U14,  §  2113 

damage  to  goods  by  breakage  in  attumpting  to  save  or  re- 
move them 5,  p.  3GI4,  §2113 

loss  by  spontaneous  combustioi* 5,  p.  ."Wl  I,  .^  21 13 

damage  by  smoke 5,  p.  ofiU,  §2113 

loss  by  an  explosion  causing  fire 5,  p.  3U14,  g  2113 

voluntary  destruction  of  building  by  exploding  guiipnvdcr 

by  a  ithorities  to  prevent  spread  of  fire 5,  p.  3G15,  §  2113 

insurance  against  fire  does  not  include: 

damage  to  articles  in  process  of  manufacture  by  fire  used 

for  the  manufacture 5,  p.  3616,  §2113 

loss  by  concussion  caused  by  explosion 5,  p.  3G 15,  §  2113 

loss    by    exi^losion    of    steam-boiler    not    causing    any 

fii-e 5,  p.  3GI5,  §2113 

loss  by  "  lightning,"  what  is  5,  p.  3314,  §2113 

loss  by  "explosion,"  what  is 5,  p.  3015,  §  2113 

"invasion,    or  any  military  or  usurped   power,"  includes 

what  ..   5,  p.  3G17,  §2114 

what  is  loss  by  "  mobs  or  riots  " 5,  p.  3618,  §  2114 


6598 


INSURANCE. 


Insurance  -(Continued.) 

when  building  shall  "  fall "  except  oa  result  of  fire,  Insurance 

ceases .  6,  p.  3618,  §  21 13 

what  is  a  fallen  buildin;;; 6,  p.  3G19,  §  2115 

fire  insurance  policies  are  not  assignable  without  consent  of 

insurer 6,  p.  302(5,  §2119 

policy  does  not  pass  to  purchaser  of  property 6,  p.  3023,  §  2119 

policy  issued  to  assured,  "  their  executors,  administrators 
and  assigns,"  may  bo  assigned  without  transfer  of 

property,  and  without  consent  of  insurer 5,  p.  3020,  §  2119 

mode  of  assigning  policy  after  insurer's  consent  given.  .5,  p.  302(5,  §  2119 

•what  is  and  is  not  an  *'  assignment  "  of  policy 6,  p.  3027,  §  21 19 

rights  of  assignee  of  policy 5,  p.  3023,  §  21 19 

prohibition  of  assignment  without  consent  applies  only  to 

assignment  before  loss 5,  p.  2328,  §  2119 

prohibition  of  assignment  after  loss  invalid  and  void. .  .6,  p.  3()2S,  §  2119 
consent  of  insurer  to  assignment  may  be  given  how. . .  .5,  p.  3029,  §  2120 
(c.)  Life  Insurance. 

wager  policy  of  insurance  on  life  not  permitted 6,  p.  3031,  §  2121 

parson  must  have  interest  in  life  insured 5,  p.  3031,  §  2121 

claim  need  not  be  a  legal  one;  equitable  claim  sufficient. 5,  p.  3032,  §  2121 

interest  need  exist  only  at  time  policy  taken  out 5,  p.  3033,'  §  2121 

who  have  and  have  not  "interest"  in  life  of  another. .  .5,  p.  3033,  §  2121 

woman  engaged  to  be  married  to  man 2,  p.  1283,  §    095 

person  making  insurance  on  his  own  life,  may  make  any  one 
ho  pleases  beneficiary;  latter  not  obliged  to  show  in- 
terest in  his  life 5,  p.  3(5.30,  §  2122 

£alse  statement  as  to  health  of  applicant  avoids  policy.  .5,  p.  3030,  §  2123 
construction  of  words  and  phrases  in  application  as  to  health 

and  disease 5,  p.  3637,  §2123 

"complaints  " — •'  disease  of  the  liver  or  throat  " — "  disease 
tending  to  shorten  life  " — "epileptic  or  other  fits"  — 
"  good  health" — "local  disease  " — "  serious  or  severe 

illness"—"  disease  " 5,  p.  3037,  §  2123 

warranty  that  insured  is  of  sober  and  temperate  habits. 5,  p.  3()39,  §  2124 

that  applicant  was  habitual  drinker  avoids  policy 5,  p.  3039,  §  212'4 

if  answer  in  fact  untrue,  policy  void,  though  made  in  good 

faith,  and  with  no  intention  \'~  defraud 5,  p.  3039,  §  2124 

if  true  at   time  made,    subsequent  habits    of  insured   no 

bar 5,  p.  3610,  §2124 

construction  of  "family  physician" — "usual  medical  attend- 
ant"  5,  p.  3641,  §2125 

untrue  statement  as  to  age  will  avoi  1  policy 5,  p.  30 12,  §  2 126 

as  to  relationship  will  avoid  policy 5,  p.  3042,  §  21C7 

as  to  occupation  will  avoid  policy 5,  p.  3043,  §  2123 

recovery  on  policy  of  insurance  denied  when  contrary  to 

public  policy 5,  p.  3043,  §2129 


INSUBAKC£.  6599 

Insurance— (Continued. ) 

aa  when  insured  commits  suicide 5,  p.  3644,  §  2120 

or  dies  by  hand  of  law 6,  p.  3(M4,  §  2129 

when  death  rejult  of  attempt  to  commit  abortion 6,  p,  3G44,  §  2129 

construction  of     "commit  suicide"   or    die    by  his   own 

hand 6,  p.  3645,  §2130 

effect  of  insanity  on   forfeiture  in  po'icy  of  life  insurance 

when  insured  commits  suicide 6,  p.  3045.  §  2130 

what  is  "  death  by  the  hand  of  justice  " 6,  p.  3517,  §  2131 

what  is  "  death  in  violation  of  law  " 6,  p.  3U47,  §  2132 

construction  of  "  death  while  in  military  service";  '*  war  and 

rebellion  ";  "  btUigerent  forces  " 5,  p.  3649,  §  2133 

that  insured  died  from  intoxication  or  intemperate  lial)it3 

no  defense  to  policy,  unless  so  declared 5,  p.  3G49,  §  2134 

if  policy  void  when  insured  shall  die  by  reason  of  intem- 
perance, intemperance  must  be  paramount  proximate 

cause  of  death 5,  p.  .-^049,  §2134 

not  enough  that  insured  addicted  to  habits  of  intemperance 

priorto  death 5,  p.  3049,  §2134 

restrictions  on  residence  and  travel  are  valid,  and  insured 

going  beyond  limits  avoids  policy 5,  p.  3f>>l,  §  2133 

construction  of  permits  to  travel 5,  p.  30  ")1,  §  2133 

amount  of  recovery  in  action  on  life  policies 6,  p.  3052,  §  2136 

And  see  Damages. 

non-forfeiting  policies;  rights  under 6,  p.  SG.'S,  §2137 

life  insurance  policies  are  assignable 5,  jj.  3055,  §  2133 

when  policy  not  assignable 5,  p.  3050,  §  2138 

right  to  change  beneficiaries 5,  p.  3G50,  §  213S 

assignment  of  policy  to  person  having  no  interest  in  life  of 

insured,  valid 5,  p.  3GGO,  §  2139 

(d.)  Accident  Insurance. 

death  by  "accident,"  whnt  is 5,  p.  30G2,  §  2140 

traveling  in  public  or  private  conveyance,  construed.  ...5,  p.  3005,  §  2141 
what  is  and  is  not  within  exception  as  to  death  by   "dis- 
ease"  5,  p.  scGft,  §2142 

^   or  "poison  ". 5,  p.  3000,  §  2142 

in  action  on  accident  policy  contributory  negligence  of  in- 
sured no  defense  unless  expressly  so  stated 5,  p.  36C7,  §  2143 

ordinary  negligence  will  not  vitiate  policy  which  stipulates 
that  company  will  not  be  liable  for  willful  and  wanton 

exposure  to  unnecessary  danger 5,  p.  3oC8,  §  2143 

what  is    "voluntary  exposure   to  unnecessary  danger" — 

"  self-inflicted  injuries  " 5,  p.  gceS,  §  2143 

change  in  occupation  of  insured  does  not  avoid  policy,  un- 
less so  stipulated,  or  unless  liability  is  restricted  by 
contract  to  accidents  occurring  in  course  of  occupa- 
tion specified 5^  p.  3670^  §2144 


6G00 


INSURANCE. 


Insurance— (Continued.) 

Btutument  by  insured  in  application  as  to  occupation,  not 

wavranty  tliere  shall  be  no  cliange  in  o(!cupatioii..6,  p.  3G70,  §  2144 
change  of  occupation  on  part  of  person  iusured  ddes  not 

mean  ungual  change 6,  p.  3G70,  §  2144 

conntruution  of  "  total  disability  "  in  policy 6,  p.  3G70,  §2143 

(e.)  Mutual  Insunincc. 

status  of  mutual  insurance  companies 0,  p.  3072,  §  2146 

what  is  capital  stock  of 6,  p.  3072,  §2146 

may  borrow  money  and  give  note  to  pny  losses 6,  p.  3G73,  §  2140 

that  i)olicie8  are  issued  for  cath  on  short  time  docs  not  nmke 

them  stock  policies 6,  p.  3G73,  §  2146 

premium  note",  what  are,  and  rights  on 5,  p.  3G73,  §  2147 

stock  notes,  what  are,  and  rights  on 6,  p.  3(>73,  §  2147 

security  notes,  what  are,  and  rights  on 6,  p.  3G74,  §  2147 

no  defense  to  suit  on  stock  note  by  creditors,  that  charter 

has  been  illegally  changed 6*  p*  3G73,  §  2147 

change    in  charter  will,    as  to    the    company,    discharge 
previous  subscribers  who  do  not  assent  to  change', 

from  liability  to  pay  future  assessments 8,  p.  3G74,  §2147 

premium  note  absolute  on  its  face  cannot  be  treated   as  a 

stock  note  by  company 5,  p.  3G74,  §  2147 

one  who  takes  out  policy  becomes  meml)cr,  and  is  bound  by 

provisions  of  charter  and  by-laws 5,  p.  3074,  §  2148 

acts  of  otficers  within  their  powers  binding  on  him 6,  p.  3074,  §  2148 

records  of  company  are  evidence  for  or  against  him. . .  .5,  p.  3074,  §  2148 
cannot  deny  existence  of  company  or  its  regularity. . .  .5,  p.  3G74,  §  2148 
not  bound  by  by-law  or  other  act  of  company  passed  with- 
out consent 5,  p.  3G74,  §  2148 

not  liable  when  he  i.^i  induced  to  become  member  by  fraudu- 
lent representations 5,  p.  3G75,  §  2148 

members  only  are  liable  to  assessments 5,  p.  3675,  §  2149 

assignees  of  policy  who  have  not  made  themselves  members 

by  .agreement  not  liable 5,  p.  3G75,  §  2149 

liability  of  member  continues  as  long  as  he  continues  mem- 
ber  5,  p.  3G75,  §  2149 

not  affected  by  fact  that  policy  is  voidable  by  his   own 

act 5,  p.  3175,  §  2149 

maker  of  premium  note  liable  for  losses,  whether  occurring 
on  cash  premium  or  note  premium  policies,  fund  pro- 
duced by  cash  premiums  having  been  exhausted. 5,  p.  3675,  §  2149 
insolvency  of  company  no  defense  to  action  upon  premium 

note 5,  p.  3675,  §2149 

nor  that  corporation  had  made  false  and  fraudulent  repre- 
sentations concerning  its  solvency 6,  p.  3675,  §  2149 

that  company  had  not  complied  with  statute  a  good  defense 

to  premium  note 5,  p.  3676,  §  2149 


INSURANCE.  6G01 

Insurance— (Continued.) 

caucollfttion  of  policy  and  note  disclmrgea  member  from  all 

liability 6,  p.  SGTfi,  §2140 

cfTect  of  insolvency  of  maker  of  premium  note 6,  p.  .'!il7t!,  §  iMI!) 

that  contract  was  illegal  disclmrges  maker  of  note 6,  p.  3U7i;,  i?  'J!49 

policy  delivered,    liut  ineHectiiul  because    never    counler- 

siyneil,  premium  note  also  invalid 6,  p.  3(i7G,  §  2149 

aaaessmcnt  after  forfeiture  of  pulicy,  made  with  knowh  ilge 

thereof,  waiver  of  forfeiture 5,  p.  3G77,  §  2149 

assessment  for  h>s9es  occurring  after  forfeiture,  made  by 
company  with  knowledge  of  forfeiture,  cannot  be  en- 
forced   8,  p.  ;]G77,  §  2149 

power  of    company  to  make  assessments,  and    liability  of 

members 6,  p.  3078,  §  2150 

status  of  benelit  societies  and  rights  and  liabilities  of  meni- 

hers 6,  p.  3080,  §2151 

(f. )  Marine  Insurance. 

marine  insurance,  what  is,  the  contract 6,  p.  3083,  §  2152 

who  has  insurable  interest 6,  p.  3C83,  §  2153 

freight,  meaning  of,  insurance  of 6,  p.  3(i85,  §  2154 

when  risk  on  sliip  commences  and  ends 5,  p.  3GS7,  §  2155 

when  risk  on  goods  commences  and  ends 6,  p  3()'88,  §2156 

marine  insurance  covers  only  sea  perils 6,  p.  3()89,  §  2157 

what  property  not  covered  by  policy 6,  p.  3089,  §  2158 

insurance  against  capture 5,  p.  3G90,  §  2159 

barratry,  what  is 6,  p.  3Gf»0,  §  21G0 

construction  of  policy,  meaning  of  words 6,  p.  3G01,  4!  21G1 

contract  of  marine  insurance  construed  by  usage 6,  p.  3()!)2,  §2102 

meaning  of  words  in  policy  exidaiued  by  usage 6,  p.  3G92,  §  2103 

concealment,  effect  of 6,  p.  3093,  §  21G4 

what  insured  bound  and  what  not  bound  to  disclose. ...5,  p.  3G',»4,  §  2105 

representations  and  warr.inties 6,  p.  3()95,  §2106 

representation  may  be  implied 5,  p.  3G9G,  §  2!  G7 

warranty  of  seaworthiness 6.  p-  3G96,  §  21  (iS 

warranty  of  neutrality 5,  p.  3()!)9,  §  2109 

deviation  and  delay,  effect  of 5,  p.  3700,  §  2170 

when  deviation  excused 5,  p.  3701 ,  §  2171 

actual  total  loss,  what  is 5,  p.  3703,  §  2172 

constructive  total  loss,  what  is 5,  p.  3704,  §  21 73 

reshipping  cargo,  liabilities  of  insurer 5,  p.  3704,  §  2174 

insurance  free  from  average — memorandum  articles.... 5,  p.  3705,  §  2175 

abandonment  defined,  when  permitted 5,  p.  3706,  §  2176 

fifty  per  cent,  damage,  how  estimated 5,  p.  370?,  §  2177 

sale  by  master 5,  p.  37C9,  §  2178 

capture  v     letention  by  hostile  forces — embargo 5,  p.  3710,  §  2179 

abandonment  of  cargo 5,  p.  3710,  §  2180 

freight — total  and  constructive  loss — abandonment 5.  p.  3711,  §  2181 


6602 


INSURANCE. 


Insurance— (Continned.) 

abandonment  must  be  unconditional  uml  entire 5,  p.  3712,  §  2182 

at  what  time  made 5,  p.  371.:;,  §218.'] 

notice  of  abandonment 5,  p.  37 1.'^  §  2IS4 

acceptance  of  abandonment 5,  p.  37 1 't,  §  2183 

not  defeated  by  subsequent  events 5,  p.  3714,  §  21S6 

effect  of    abandonment;  assured's    intcest  passes    to  in- 
surer  5,  p.  3715,  §2187 

abandonment,  effect  of  as  to  freight 5,  p,  37  Hi,  §  2183 

insured's  agents  become  insurer's  agents 5,  p.  371(5,  S  2189 

waiver  of  abandonment 5,  p.  3716,  §  2190 

rights  of  owner  omitting  to  abandon 5,  p.  3717,  §2191 

liability  of  insurer  refusing  to  accept 5,  p.  3717,  §  2192 

meai^ure  of  recovery,  valuation  conclusive 5,  p.  3717,  §2193 

partial  loss,  measur':  if  recovery. 5,  p.  3718,  §  2194 

profits 5,  p.  3719,  §2195 

open  policy — value  of  ship,  how  estimated 5,  p.  3719,  §  219G 

open  policy — value  of  cargo,  how  estimated 5i  P-  3720,  §  2197 

open  policy — value  of  frt't;}it,  how  estimated 5,  p.  3720,  §  2193 

cargo  arriving  damaged 5,  p.  3721,  §  2199 

insurer  liable  for  labor  and  expenses 5,  p.  3721,  §  2200 

suing  and  laboring  clause 5,  p.  3721,  §  2201 

general  average— contribution 5,  p.  3722,  §  2202 

one-third  new  for  old 6,  p.  3724,  §2203 

(g.)  Other  Kinds  of  Irmrance. 

guaranty  insurancj — insurance  against  dishonesty  and  negli- 
gence of  ei.iployea 6,  p.  3725,  §  2204 

insurance  of  payment  of  notes  at  maturity 6,  p.  372G,  §  2205 

insurance  against  bankruptcy 5,  p.  37  -'0,  §  2205 

insurance  of  rents 5,  p.  3, 2G,  §  3205 

insuranc  of  titles 5,  p.  372()',  §  2205 

insurance  of  animals;  policies  construed 5,  j).  372G,  §  2206 

insurance  against  loss  by  storm  or  tempest .5,  p.  3727,  §  2207 

insurance  against  birth  of  issue 5,  p   "''28,  §  2203 

(b.)  Officers  and  Agents  of  Insurance  Companies. 

general  agent  of  insurance  company  has  power  to  bind  prin- 
cipal in  all  matters  within  scope  of  agency 5,  j).  3729,  §  2209 

secret  limitations  of  power  do  not  bind  strangers 5,  p.  3729,  §  2209 

agent  who   has  general  charge  of  business  of  company  for 

state,  is  a  general  agent 5,  p.  3729,  §  2209 

what  is  and  is  not  within  implied  powers  of  general  agent 

before  nolicy  issued 5,  p.  3729,  §  2210 

what  is  and  is  not  within   implied  powers  of  general  agent 

after  policy  issued 6,  p.  3730,  §2211 

agent  authorized  to  receive  payment  of  premium  may  receive 

check 6,  p.  3730,  §2212 

may  waive  payment  of  the  premium 5,  p.  3730,  §  2212 


INSURANCa  —INTENTION.  6603 

Insurance— (Continued.) 

may   request   insured   to   keep   money   until  the    policy 

*''"V'^s 5^p,  3730,  §2212 

may  agree  to  be  responsible  to  the  comimny  and  accept  ap- 
plicant as  his  personal  debtor 5,  p.  3730,  §  2212 

maygive  credit  for  the  premium 5,  p.  3730,  §2212 

may  receive  the  premium  before  due 5,  p.  37,!0,  §  2212 

has  no  authori'y  to  accept  a  horse  instead  of  money. .  ,5,  p.  3731,  §  2212 
cannot  agree  with  creditor  of  his,  that  his  debt  to  the  com- 
pany be    set    off   by    his    personal  debt  to  apj.li- 

l^^n* 5,  p.  3731,  §2212 

authority  of  agent  of  insurance  company  to    accept    no- 

t'^^e 5,  p.  3731,  §  2213 

authority  of  agent  of  iuburance  company  to  waive  forftit- 

"■^cs 5   p,  3732,  §  2214 

power  of  agents  of  mutual  insurance  companies 5,  p.  37,33,  §  2215 

power  of  local  or  special  agents 5,  p.  'S~:U,  g  2216 

power  of  medical  examiner 5,  p.  3734,  §  2216 

power  of  adjusting  agent 5,  p.  .3734,  §  2216 

power  to  appoint  sub-agents  and  clerks. 5,  p.  37;!4,  §  2217 

authority  of  sub-agents  and  clerks 5,  p.  3733,  §  2217 

company  is  liable  for  acts  and  defaults  of  its  agent,  notwith- 
standing policy  or  by-laws  of  company  state  that 

agent  is  deemed  agent  of  insured 5,  p.  3735,  §  2213 

insurer  is  bound  by  false  representations  of  its  agent. .  ,5,  p.  3730,  §  2219 
insurer  is  liable  for  mistakes  or  omissions  of  its  agent.  .5,  p.  3737,  §  2220 
general  agent  of   insurance  company  cannot  delegate  his 

authority Ip,      £7,  §      27 

usage    may    fix    measure    of    compensatien    of    insurance 

agents... l^p.    i43^§      95 

general  agent,  discharged  for  failure  to  account,  has  no  in- 
terest in  premiums  thereafter  to  be  collected  on  pol- 
icies issued  through  his  agency 1,  p.     147,  §      9,) 

insurance  brokers  defined ' ,  pp.  390  to  3!)3  8    222 

authority  of 3    pp.  390  to  3U3,' §    222 

Intention. 

See  Contracts,  1. 

wrong  intent  no*-,  essential  to  liability 3,  p.  1710,  §  1010 

act  intended,  but  lot  accomplished,  not  actionable 3,  p.  1710,  §  1010 

act  not  a  legal  injury  does  not  become  so  because  of  wrong 

^^^^^^^ 3,  p.  1710,  §  1010 

intent  to  do  injury  essential  in  assau't  and  battery 3,  p.  1S07,  §  1053 

in  Blander  and  libel,  intent  with  which  words  were  used 

irrelevant 3^  p.  2177,  §  1224 

if  transaction  not  usurious,  fact  that  it  was  intended  to  be 

irrelevant. 5^  p.  4070,  §  3447 

notice  of  intention  to  abaie  nuisance  must  be  given. . .  .3,  p.  1759,  §  1033 


6604 


INTEREST, 


Interest. 

See  also  ^foRTOAGES,  8;  Usury. 

interest  is  payable  by  contract   express  or  iinpHed,  or  as 

damages 5,  p.  <05J,  §§  24r?4,  2435 

latter  not  recoverable  as  distinct  debt 5,  p.  4055,  §  243^ 

interest  is  payable  in  same  kind  of  money  as  princi- 
pal  5,  p.  40.-5,  §2434 

state  is  not  bound  to  pay  interest 5,  p.  4055,  §  2434 

interest  may  become  piyable  by  usage 5,  p.  405fi,  §  2436 

interest  when  allowed  in  absence  of  express  contract. .  .5,  p.  405G,  §  2437 
interest    when    not    allowed    in  absence    of  express   con- 
tract  5,  p.  4^58,  §  2t37 

at  what  time  interest  commences  to  run 5,  p.  4050,  §  2i;?S 

interest  is  recoverable  on  judgments,  when. . , 5,  p.  40G2  §  2439 

statutory  interest  in  the  different  states 5,  p.  40G3,  §  2440 

where  rate  of  interest  is  changed  by  law,  it   does  not  affect 

contracts  entered  into  before  change 5,  p.  40G3,  §  2440 

statute  providing  for  interest  on  debts  not  before  drawing 
interest  unconstitutional  as  to  debts  contracted  be- 
fore passage 5,  p.  40G4,  §  2440 

■what  is  • '  legal  interest  "  in  statute 5,  p.  4034,  §  2440 

liability  of  trustees,  partners  a.id  executors  for  interest  on 

money  in  their  hands 5,  p.  4064,  §  2441 

liability  of  bailees,  agents  and  pnl)lic  officers 5,  p.  40G7,  §  2441 

rate  of  interest  after  maturity,  conflict  'a  the  decisions  as 

to  correct  rule 5,  p.  4063,  §  2442 

compound  interest  may  be  allowed  by  usage 5,  p.  4('G!),  §  2443 

contract  to  pay  compound  interest  is  valid 5,  p.  40G9,  §  2443 

what  will  and  will  not  bar  or  suspend  the  running  of  inter- 
est  5,  p.  4070,  §2444 

payments  made  on  account;  rules  for  calculating  and  apply- 
ing interest 5,  p.  4072,  §  2415 

taking  of,  by  n!«tional  banks 2,  p.    8Sf),  §    .TIS 

when  law  of  state  governs 2,  p.    8S9,  §    518 

effect  of  tdving  usurious  interest  by  national  banlv 2,  p.    80"),  §    518 

bank  not  liable  for,  on  deposits,  when 2,  p.    918,  §    526 

implied  power  of  bank  to  deduct  interest  in  advance. .  .2,  p.    85!),  §    511 

certificate  of  deposit  niiiy  carry  interest 2,  p.    959,  §    535 

bank  not  chargeable  with  interest  on  sums  deposited  to 
creilit  of  customers  to  be  drawn  against  by  check, 

until  payment  demanded   2,  p.    918,  §    526 

provision  in  a  charter  granting  privilege  of  charging  greater 

interest  than  general  laws  allow,  unconstitutional  1,  p.    600,  §    333 
agent  liable  for,    on  principal's   money  when  he  retains  it 

after  time  when  he  should  have  paid  it  over 1,  p.    133,  §      89 

or  where  he  otherwise  improperly  withholds  it  from  prin- 
cipal  1,  p.    133,  §      89 


INTEREST— INTOXICATING  LIQUORS.  G605 

Interest— (Continue*! . ) 

or  where  be  has  employed  it  for  purpose  of  gain  for  him- 

,,^^'^•••••• l.p.    133,§      89 

agent  keeping  the  money  by  him  to  p,y  it  over  when  p. in- 

cipal  calls  for  it,  not  liable  for  'uterest 1,  p.     133,  §      gj) 

when  partners   contribute  to  the   capital  in  unerpial  prq-or- 
tions,  interest  does  not  run  in  favor  of  citlier  upon  his 

,.  ,.,./'T 2,  p.  12C9,§    CG9 

liability  of  executor  or  ad  ministrator  for  interrst  on  funds  in 

his  hands 2   p   ITO^  §    900 

plaintiff  not  entitled  to  interest  on  value  of   stocd.    from         "' 

date  of  injury     3.  p.  2543.  §  1418 

interest  on  amount  of  award   cannot  be  included  in  judg- 

nient  .....     G,  p.  5375.  §  3401 

pledge  will  cover  interest  on  debt  and  incidental  charges,  and 

expenses  necessary  and  proper  for  preservation   of 

pledge 4        jjQQ.  .^ 

powers  of  arbitrator  to  onler  payment  of  interest .*.".".'.*.' 6.'  p!  5314'  §  3344 

tender  after  suit  stops  running  of  interest  on  debt 5   p  4IS-''  §  25-^G 

tender  after  day,  must  include  interest 5  r>  41R1  s  9-.Q9 

Interpleader.  o,  p.  4i» j,  s  2o32 

agent  who  has  collected  money  cannot  interplead  his  princi- 

pal  and  third  party  who  claims  it l,  p.    1345     qq 

interpleader  not  an  agent  for  either  party \..'...l,ji.        OS       Q 

.    bailee   may  protect  himself  against  adverse  claim's' by  bil  ' 

of  interpleader 4   „  ^n--  -.  ,_„ 

Intoxicating  Liquors.  <l,  P- 29.0,  §  1,37 

See  CoNsriTUTio.VAL  Law,  8. 

civil  remedies  for  injuries  caused  by 3  p  jo^j)  81104 

provisions    of    different    statutes  giving  reme'd'y !..'.* !,'..'      "  " 

r,-vt      1     ,.     ,      .  3.  PP-  19  JO- 194G,  §§  1125-1127 

liability  absolute,  lawfulness  of  sale  immaterial.. 3.  pp.  1940.1947.  §  11-8 
who  liable   master  and  servant,  principal  and  agent. .  .3.  p.  1947,  §  ll^'o 

joint  liability  of  several  sellers 3    '    j g^^,'  ^  ^^7 

liability  of  owner  or  lessor  of  premises. .  ..'..'.*. ■'.'rrpp;  1919.195'>'  §  1131 

.ho  may  siio-in  general 3;  pp.  11)52-,. Joi.' J  12 

-^i:-]-^loil.e  person 3.  pp.  1054,950      ,i:!3 

injuries   o  property 3,  pp.  1050,057   §  1134 

injuries  to  "  means  of  support  ". 3,  p,,  ,057-1902   §  1,35 

exemplary  d.amages,  when  recoverable 3,  pp.  190>.19,;3      me 

remote  dam.ages  not  recoverable 3,  pp.  ,  0,3. , ,,  '  %  ^J 

evidence  in  mitigation  of  damages o   „   ,„/.-    ^  ,  l.i 

cvi.lonce  in  genera! .  3  " ' ' '  jj^^'^.  \f:l'  ^  ^^"^ 

^liatauestions  for  court,  what  for  ju'ry. ';;;;;;;.;.!! 3.  p.'lOOS.' S  IJ'o 

defenses 3.  pp.  19G8.,970,  §  ,,41 

LAWB0NR.'&k!r4ai'. ^'  ^^'  I^'OIO'-^  §  1142 


6606  INTOXICATING  LIQUORS — JOINT  LIABILITIES. 

Intoxicating  Liquors  —(Continued.) 

master  civilly  liable  to  statutory  penalty  for  illegal  sale  of 
intoxicating  liquor,  by  bis  servaut  without  hia  knowl- 
edge  1,  p.    502,  §    291 

contracts  with  intoxicated  persons,  when  voidable 5,  p.  30S5,  §  2391 

will  made  by   intoxicated    person,    when  and   when   not 

valid 6,  p.  5143,  §  31C5 

intoxication  no  defense  to  action  of  slander 

3,  p.  17C7,  §  1010;  3,  p.  2305.  §  Il'SO 

as  contributory  negligence 3,  p.  2111,  §  1202 

that  driver  of  carriage  was  intoxicated  relevant  on  the  ques- 
tion of  care 3,  p.  2043  n,  §  11C7 

condition  tliat  grantee  shall  not  use  or  suffer  premises  to  be 
used  for  manufacture  or  sale  of  intoxicating  liquors 

valid 6,  p.  4507,  §  2765 

intoxicating  liquors  kept  by  assured  for  illegal  sale,  may  not 

•  be  insured 5,  p.  319C,  §  2043 

"I..  O.  XJ."    and  due  bills,  containing  no  promise  to  pay,  not 

promissory  notes 4>  P-  25S9,  §  1458 

Irr€  gularities. 

See  JuoiciAi.  Sales. 
Irrigating  Companies. 

are  common  carriers 4,  p.  30S2,  §  1792 

Joinder  of  Parties. 

See  Pleading  and  Practice. 
Jail. 

right  of  attorney  to  visit  his  client  in  person 1,  p.    227,  §    137 

Joinder. 

of  action  and  defenses,  see  Pleadino  and  Practice,  78. 
of  parties,  see  Plkadino  and  Practice,  9-11, 
Joint  and  Several  Liabilities. 

1.  In  General. 

2.  Contracts. 

3.  Torts. 

4.  Payment,  Discharge,  Release  and  ItlERGEH, 
1.  Ill  General. 

implied  powers  of  corporation  to  become  joint  owner  of 

ferry 1,  p.    C54,  §    3S7 

accord  and  satisfaction  between  joint  creditors  and  debt- 
ors   5,  p.  4230,  §  25C7 

partnersliip  debt  several  as  well  as  joint 8,  p.  12(J8,  §    684 

all  of  several  co-trustees  must  join  iu  exercising  duties  of 

trust 4,  p.  3468,  §2031 

majority  of  trustees  in  care  of  public  trusts   may   bind 

all 4,  p.  3468,  §2031 

liability  of  one  trustee  for  acts  and  defaults  of  co- 
trustee  4,  p.  3469,  §2031 


JOINT  AND  SEVERAL  LIABILITIES.  CG07 

Joint  and  Several  Liabilities— (Continued.) 
2.   Contracts, 

each  person  is  liable  on  joint  contract  made  by  him.. .  .5,  p,  .•5074,  §  "ns;? 

illustrations  of  joint  contracts , 5^  p,  39^4]  g  ojjs.^ 

upon  death  of  one  of  several  joint  contractors,  legal  liability 

under  contract  devolves  on  the  surviving;  joint  con- 

tractors  or  joint  contractor 5^  p.  3375^  g  5333 

partnership  contrajt  is  several  as  well  as  joint,  and  estate  of 

deceased  partner  liable 5^  p,  39-  g  2333 

recovery  against  one  obligor  on  joint  bond,  witliout  sritisfac- 

tion,  no  bar  to  subsequent  action  a^aiust  his   co- 

..,    °^''"°^ ° 5.  p.307.",§m3 

joint  promisee  must  join  in  enforcing  contract 5,  p.  31)7fi,  §  23S4 

when  covenant  considered  j..iiit  and  when  several 5,  p.  3970,'  §  2384 

all  of  several  joint  obligees  must  join  in  assignment  of  joint 

"^^'Sation 5,  p.  3976,  §  2384 

persons  may  bind  themselves  severally  for  same  matter,  so 
that  creditor  is  entitled  to  claim  whole  debt  or  per- 
formance against  each  debtor  separately 5,  p.  3977   §  2383 

one  person  may  bind  himself  to  each  of  several  persons  for 
same  debt  or  matter,  so  that  each  person  is  separately 
entitled  as  creditor  to  claim  whole  debt  or  perform- 

*°°® 5,  p.  3977,§23S5 

persons  may  enter  into  concurrent  contract  respecting  same 
matter,  binding  themselves  jointly  as  one  party,  and 
also  severally  as  separate  parties,  at  same  time.  .5,  p.  3973,  §  2386 

test  whether  contract  is  joint  or  joint  and  several 5,  p.  3979,  §  2387 

joint  guardians,  rights  and  liabilities  of 2,'  p.  1553^'  §    ggg 

drawers  and  indorsersof  bill  jointly  and  severally  liable.4,  p.  2GG^,'  'j  1521 
heira  of    deceased  surety  on  guardian's  bonds  not  liable 

jointly  with  principal  on  bond 2,  p.  1C02,  §    885 

joint  badors  and  joint  bailees,  rights  and  liabilities  of .  .4,  p.  2942^  §  1720 
J.    Torts. 

liability  of  joint  wrong-doer •, 3,  p_  17(57^  §  ^qh 

liability  of  plaintiff  in  writ  for  act  of  officerj. 3,  p.  1770'  §  1042 

liability  of  otlicer  for  acts  of  deputies 3^  p.  1772  §  I043 

intentional  wrong-doers  are  liable  jointly  and  severally.3,  p.  1773,  §  1044 
judgment  is  for  single  sum  against  all  the  parties  pr.,ved 

guilty  of  tort 3_  p,  1774,  §  1044 

damages  for  separate  trespass  of  one  of  two  defendants  can- 
not  be    included     in   a     joint     judgment     againct 

,   .     ^otl\----; 3,  p.  1774,§1044 

bringing  suit  against  one  or  more  wrong-doers,  no  bar  to  new 

suit  against  others 3,  p,  1774^  §  1044 

nor  is  covenant  not  to  sue 3^  p_  1774  g  jq^^ 

obtaining  of  judgment  until  satisfaction  is  made,  no  bar  to 

action  against  wrongdoer 3^  p,  1774^  g  2044 


6608 


JOINT  AND  SEVERAL  LIABILITIES. 


Joint  and  Several  Liabilities— (Contlnucil.) 

accepting  satidfactiun  from  one  joint  wrong- Jocr  is  a  bnr  as 

toall 3,  p.  1773,  §1044 

a  release  of  one  joint  wrong-doer  a  release  of  all,  tliongli  re- 
lease stipulates  that  others  shall  not  be  did- 
chargod 3,  p.  1773,  §  1044 

plaintiff  taking  judgment  a;^ainst  one  wrong-doer,  for  lo-s 
than  he  might  have  recovered,  cannot  sue  another  of 
joint  wrong-doers 3,  p.  1775,  §  1044 

no  contribution  allowed  between  wn.ng  doera 3,  p.  1770,  §  1045 

aliter  where  wrong  doing  was  unintentional 3,  p.  1778,  §  1045 

for  injury  sustained  in  same  enterprise,  wrongdoers  not  lia- 
ble to  each  other 3,  p.  1779,  §  1046 

under  "  civil  damage  "  laws  all  persons  w  ho  contributed  to 

intoxication  liable 3,  p.  lOlS  §  1130 

joint  owners  of  an  animal  are  liable  jointly 3,  p.  2193,  §  13S1 

separate  c  wners  of  several  animals  are  not  jointly  liable  for 

injuries  done  by  them  all  at  fame  time 3,  p.  2193,  §  13S1 

two  joint  owners  of  vicious  animal  are  each  bound  to  re- 
strain him 3,  p.  2493,  §  1331 

all  persons  concerned  in  originating  and  carrying  on  mali- 
cious prosecution  are  jointly  and  severally  lia- 
ble  3,  p.  1S93,  §  1099 

for  libel  in  newspaper,  editor,  author,  publisher,  proprietor 

and  i^rinter,  all  liable,  jointly  or  severally Q,  p.  2197,  §  1238 

action  for  verbal  slander  of  title  to  land  cannoi  bo  main- 
tained against  two  persons  jointly 3,  p.  2291,  §  1277 

for  continuing  nuisance,  lessor,  assignee  of  lease,  lessees,  and 

sub-lessees  are  jointly  liable 0,  p.  4830,  §  2977 

4.  Payment,  Discharge,  Release  and  Herder. 

payment  to  one  of  several  joint  creditors  discharges  debt  as 

toall 5,  p.  4205,  §2344 

payment  by  one  of  co-debtors  discharges  all 5,  p.  4205,  §  2544 

payment  of  half  debt  by  one  of  two  joint  and  several  debt- 
ors does  not  release  him 5,  p.  4205,  §  2344 

prima  facie  note  of  one  debtor  is  no  discharge  of  joint 

debt 5,  p.  4205,  §2544 

release  of  one  of  several  debtors  jointly,  or  jointly  and  sev- 
erally, liable  for  same  debt,  releases  all 5,  p.  4211,  §  2373 

even  where  release  contains  proviso  that  other  debtor  shall 

not  take  advantage  of  it 5,  p.  42ll,  §  2378 

release  of  one  co-dubtor  may  reserve  right  against  the  other 

debtors 6,  p.  4241,  §  2378 

covenant  not  to  sue  one  of  co-debtors  jiintly,  or  jointly  and 

severally,  liable,  does  not  release  other  debtors. ,5,  p.  4241,  §  2378 

release  by  one  of  co-creditors  jointly  entitled  to  debt  dis- 
charges debtor  as  to  all 5,  p.  4241,  §  2378 


JOINT  AND  SEVERAL  LIABILITIES — JUDGES.  GG09 

Joint  and  Several  Liabilities— (Co;i<iniieJ.) 

release  given  by  one  co-ureJitor  in  fraud  of  otlicrs,  and  in 

collusion  with  debtor,  court  will  set  aside 5,  p.  42il,  §  2578 

merger  of  claim  against  one  joiut  debt  )r,  as  by  taking  bond 
for  simple  contract  debr,  merges  remeily  against  a  co- 
debtor  upon  joint  liability 5,  p.  4219,  §  2582 

but  not  remedy  upon  his  separate  liability  unless  given  at 
time  liability  occurred,  or  accepted  in  satisfaction  of 

simple  contract 5,  p.  4249,  §  25S2 

effect  of  judgment  recovered  against  one  of  several  joint 

debtors 5,  p.  4249,  §  2582 

Joint  Principals  and  Joint  Agents. 

See  Principal  and  Agent,  7. 
Joint  Stock  Company. 

defined 2,  p.  1281,  §   693 

status  (f,  and  how  created 2,  pp.  1281,  1282,  §    693 

statutory  regulation  of 2,  pp.  1282,  12S3,  §    694 

Joint  Tenants. 

See  Co-TaNANCT. 
Judges. 

See  Constitutional  Law;  Officers  of  Conr.T. 

not  liable  to  action  for  acting  illegally  or  erroneously 

7,  p.  6013,  §  3S20;  7,  p.  5887,  §  3747 
not  liable  for  neglect  in  his  office. ..  .7,  p.  6013,  §3820;  7,  p.  5SS7,  §  3747 

not  liable  for  ministerial  duty  annexed  to  office 7,  p.  G014,  §  3S20 

judge  is  liable  for  extortion 7,  p.  G013,  §  3S'20 

judge  must  be  present  in  court  when  he  decides  case. .  .7,  p.  6013,  §  3S20 
salary  or  emoluments  of  judgecannot  be  interfered  with.  7,  p.  G013,  §.3820 

who  are  magistrates— justices  of  the  peace 7,  p.  6014,  §  3820 

where  judge  elected  by  legislature,  legislature  may  curtail 

territory  of  his  jurisdiction 7,  p.  6014,  §  3820 

judge  of  court  from  which  execution  issues  may  lawfully 

buy  property  sold  under  it 7,  p.  6014,  §  3S20 

liability  of  prosecutor  for  a  judicial  error 3,  i).  1898,  §  1100 

judge  issuing  process  beyond  jurisdiction  liable 3,  p.  1841,  §  1075 

justice  liable  who  commits  person  brought  before  him  with- 
out previous  complaint 3,  p.  1811,  §  1075 

or  who  commits  without  jurisdiction 3,  p.  1841,  §  1075 

or  who  issues  warrant  on  complaint  void  on  its  face.  .3,  p.  1841,  §  1075 
liability  of  justice  who  acts  under  unconstitutional  stat- 
ute   3,  p.  1842,  §  1076 

judge  cannot  hear  motion  for  new  trial  after  he  has  resii;ne:l 

his  office 7,  p.  5999,  §  3312 

whore  attorney  becomes  incapable  of  acting  further,  beincf 
elected  judge,  he  may  recover  for  what  he  has  already 

done 1,  p.    350,  §    209 

judge  cannot  delegate  his  authority 1,  p.      27,  §     27 


6610 


JUDGES — JtJDGMENTS  AND  DECREES. 


Judges — (Continued.) 

action  will  lie  against  judge  for  maliciously  conspiring  with 
others  to  institute  in  his  court  malicious  prosecu- 
tion  3,  p.  1897,  §  1099 

no  action  can  be  maintained  against  judge  for  defamatory 

words,  even  thougli  maliciously  false 3,  p.  2310,  §  12S5 

judge  disqualified  in  case  in  which  he  is  interested,  or  wliere 

related  to  parties 7,  p.  59S2,  §  3814;  7,  p.  6015,  §  3S20 

slanders  on  judges,  when  actionable 3,  p.  22o0,  §  12o8 


lib. Is  on  judges  M'hen  actionable 3,  p.  2277, 

not  eligible  as  attorney  at  law 1,  p.    207, 

Judgments  and  Decrees. 

See  Ma.ndamosj  Quo  Warranto;  Suretysuip  and  Guaa- 

ANTEE. 

1.  In  General,  and  Effect  of. 

2.  Against  Infants,  Lunatics,  Corporationsu 

3.  On  Awards. 

4.  In  Ejectment. 

6.  Against  Executors  and  AD^UNiSTRAXOBa. 

6.  In  Eeplevin. 

7.  In  Other  Cases. 

8.  Foreign  Judgments. 
1.  In  General,  and  Efftct  of. 

judgment  at  law  defined  and  described 7,  p, 

eflect  of  judgment 7,  p 

implied  power  of  attorney  to  confess  judgment. ...  1,  pp.  286,  287, 

implied  power  of  agent  to  confess  judgment 1,  p.    104, 

form  of  judgment  to  be  rendered  must  conform  to  kx/or!.7,  p.  5SG3, 
judgment  should  specify  particular  charge  or  charges  on 

which  based. 1,  p.    22 


§  12G9 
§    127 


53S7, 
53S7, 


§  3408 
§  3408 
§  172 
§  G7 
§3737 


§  134 
§  3504 
§    l(i6 


judgment  against  defendant  is  void  when 7,  p.  5478, 

attorney's  auth'mty  ceases  with  entry  of  judgment 1,  p.     276, 

at  law,  assignment  of  judgment  did  not  authorize  assignee 

to  bring  action  in  his  own  name 5,  p.  4330,  §  2651 

by  statute,  assignee  has  complete  control  of  judgment  as- 
signed to  him 5,  p.  4239, 

judgment  on  simple  or  sealed  contract  merges  remedy.  .5,  p.  4243, 
judg;uent  fur  less  sum  than  claimed  merges  entire  claim. 5,  i).  4248, 
judgment  upon  collateral  security  for  debt,  or  upon  secuiity 
given  merely  on  account  of  debt,  does  not  merge  orig- 
inal debt  or  cause  of  action 5,  p.  4249, 

foreign  judgment  does  not  merge  cause  of  action 5,  p.  4249, 

cannot  be  collaterally  impeached 2,  p.  1690, 

letters  of  guardianship  cannot  be  collaterally  attacked. 2,  p.  1553, 

of  lunacy  cannot  be  attacked  collaterally 2,  p.  1542, 

judgment  obtained  against  corporation  as  such  estops  party 

from  afterward  denying  its  corporate  existence..!,  p.    637,  §    370 


§2641 
§2531 
§2581 


§2531 
§2581 
§  973 
§  857 
§    843 


JUDGMENTS  AND   DECREES. 


CGll 


Judgments  and  Decrees— (Continued.) 

ci^uity  will  relieve  against  jucl^'ment  founded  on  ga'iiin;; 
debt,  though  defendant  failed  to  make  defense  at 
law 6,  p.  4041,  §2423 

when  damages  finally  assessed,  amount  conclusive,  and  no 
future  loss  sulisequently  arising  from  same  cause  can 
be  made  ground  of  new  action 5,  p.  4292,  §  2C24 

if  action  barred  by  lapse  of  time,  or  by  satisfaction  or  dis- 
charge, all  claim  for  damages  subsequently  ar  sing 

from  same  cause  barred  with  action 5,  p.  4292,  §  2G24 

but  damages    assessed    are  not   bar    to    new  cause    cif 

action 5,  p.  4293,  §  2G25 

cannot  be  set  aside  on  ground  of  negligence  of  appellant's 

attorney 1,  p.    313,  §    192 

equity  will  annul  at  suit  (i  either  party  judgment  of  divorce 

obtained  by  fraud 2,  p.  1429,  §  780;  2,  p.  1457,  §    801 

judgment  against  corporation  binding  upon  stockholders 
until  reversed  and  conclusive  upon  them  in  subse- 
quent suit  by  same  plaintilT 1,  p.    8S6,  §    498 

judgment  against  one  partner  bar  to  subsequent  suit  against 

both 2,  p.  12C9,  §    634 

award  unappealed  from,  has  the  same  legal  effect  as  verdict 

and  judgment 6,  p.  53G5,  §  3390 

right  to  rescind  for  fraud  not  defeated  by  vendor  having 

obtained  judgment  for  price  in  ignorance  of  fraud .  5,  p.  3940,  §  23G0 

money  paid  under  compulsion  of  legal  process  cannot  be  re- 
covered so  long  as  judgment  stands 5,  p.  4219,  §  2357 

recovery  by  bailor  in  action  for  bailed  chattel,  bars  similar 

action  by  bailee 4,  p.  2935,  §  1711 

judgment  against  all  members  of  partnership  as  individuals, 
though  not  for  firm  debt,  has  priority  over  jud^'meut 
subsequently  rendered  against  same  persons  as  part- 
ners  2,  p.  12GG,  §    684 

2.  Agoinut  I)ifants  and  Lunatics;  Corporations. 

decrees  against  infant,  effect  of 2,  p.  1520,  §    840 

decree  cannot  be  taken  pro  covfeiso  against  infant 2,  p.  1529,  §    840 

court  will  vacate  judgment  against  infant  where  un- 
just  2,  p.  1528,  §    840 

infants  bound  by  judgment  against  them,  when 2.  p.  1529,  §    840 

judgment  against  an  infant  who  has  been  served  voidable, 

not  void 2,  p.  1528,  §    840 

judgment  properly  rendered  against  lunatic  and  not  against 

guardian 2,  p.  1547,  §    848 

judgment  of  forfeiture  does  not  work  dissolution  of  corpora- 
tion; execution  for  seizure  of  franchises  necessary.  1,  p.    847,  §    606 

if  corporation  expires  before  judgment,  no  execution  can  be  is- 
sued in  its  name 1,  p.    853,  §    507 


GG12 


JUDOMliNTS  AND  DECREES. 


Judgments  and  Decrees— (Con tinucJ.) 

3.  On  AuHtnlH. 

wlicro  Biibmission  nmler  rule  of  court,  or  Btatntp,  ftw.arrl  is 

entered  as  jiulyinent  of  court 6,  pp.  5205,  5n74i  §,?  3200,  3401 

not  ncceusary  that  court  give  notice  to  partita 6,  p.  5J(J5,  §  3209 

judgment  may  bo  rendered  on  report   for  less  sum  than 

awarded 6,  p.  5205,  §  3299 

where  award  void  for  want  of  mutuality,  court  cannot  cor- 
rect it 6,  p.  52G5,  §  3200 

interest  on  amount  of  award  cannot  bo  included  in  judg- 
ment  6,  p.  5375,  §  3401 

judgment  on  the  award  is  not  granted  as  of  course 6,  p.  5375,  §  3401 

party  a^'grieved  by  award  may  defend  himself  against 
motion  for  judgment,  even  though  he  neglected  to 
have  award  vacated 6,  p.  5375,  §  3401 

demurrer  not  admissible  to  application  for  judgment;  mode 

of  contesting  it  is  by  answer 6,  p.  5375,  §  3401 

affidavit  to  prevent  an  award   from   becoming  a  judgment 

must  contain  statement  of  facts 6,  p.  5375,  §  3401 

mere    general  charge    of    "  fraud,   accident,    mistake   or 

illegality  "  not  sufficient 6,  p.  5375,  §  3401 

award  in  favor  of  plaintiff  cures  same  defects  in  declara- 
tion as  a  verdict 6,  p.  5375,  §  3401 

4.  In  Ejectment. 

judgment  for  plaintiff  in  ejectment  docs  not  give  him  new 

title 7,  p.  5S24,  §  3714 

is  entitled  to  judgment  for  his  rights,  though  he  has  claimed 

moio ..7,  p.  5S24,  §3714 

plaintiff  lecovers  not  only  possession  of  lands,  but  substan- 
tial damages  for  their  detention  or  withholding  of  the 
rents  and  profits 7,  p.  5S24,  §  371  4 

recovers  value  of  premises  during  period  of  unlawful  deten- 
tion  7,  p.  5^524,  §3714 

measure  of  damages  in  general  in  actions  of  ejectment.. 7,  p.  5S25,  §  3714 

verdict  for  land    in    dispute    without    mentioning    it    is 

good 7,  p.  5S25,  §3714 

form  of  judgment  where  parties  are  tenants  in  common. 7,  p.  5S2G,  §  3714 

verdict  not  stating  quantity  of  plaintill'^s  estate  will  not  sup- 

piirt  judgment 7,  p.  5S2G,  §  3714 

judgment  for  possession,  damages  and  costs  agairst  one  who 

never  was  in  possession  erron-ous 7,  p.  5S26,  §  3714 

where  claim  made  under  after-acquired  title,  judgment  does 

not  work  estoppel 7,  p.  582G,  §  3714 

recovery  in  ejectment  merely  determines  that  plaintiff  has 
the  better  title  at  law;  in  no  way  affects  the  equitable 
rights 7,  p.  5326,  §  37 14 

judgment  by  default  is  conclusive,  and  a  bar 7,  p.  5S26,  §  3714 


Xrt)0MENT3  AND  DECREES.  CGI  3 

Judgments  and  Decrees -(Contimicd.) 

judiimunt  ia  ejeotment  docs  not   precliulo  plaintifT  from 
maintaining  a  subaeiiuoat  action  to   rcjovcr    dam- 

.         ''gcs.. 7_  p  5g2^_  g3-,j 

Btraiiger  in  title  cannot  invoke  an  efiuitable  estoppel  agunat 

plaintitr  in  ejectment °7,  p.  532G,  §  3714 

o.   Agaiiii-t  ExeciUnrs  and  Admiiutralorn. 
judgment  against    executors  or  administrators  shonld  bo 
against  tiiem  tobo'oxecuted  against  the  goods  of  the  de- 
ceased, and  not  against  tliem  generally 3,  p.  1G33,  §    970 

judgment  should  not  be  given  againat  an  administrator  </« 

bonis  propriis 2,  p.  1G33,  §    970 

»nd  It  IS  necessary,  in  that  a  judgment  may  be  rendered 
against  one  in  his  representative  capacity,  ho  should 

be  made  party  to  suit 3,  p.  1G33,  §    970 

an  administrator  cannot  be  subjected  to  a  judgment  inp-trso. 
mm,  because  estate  cf  deceased  is  indebted  to  plaint- 

,.  ''^- a,  p.  1G33,  §    070 

sureties  on  an  official  bond  of  an  administrator  may  bo  sub- 
jected to  a  judgment  without  first  taking  accounts, 

^■^°'* 2,  p,  1CS3,  §    971 

efTect  of  judgment  against  executor  and  administrator,  and 

what  they  import 3,  p.  IflSS,  §    972 

judgment  13  conclusive  proof  of  indebtedness 3,  p.  IGSS,  §    972 

orders  of  sale  also  conclusive 2,  p.  IGSD  §    9'2 

6m  In  liiyl'uin, 

verdict  and  judgment  in  replevin  must  determine  right  to 

possession  of  property '^7^  p_  5-1^^  §  ofjj^ 

should  find  value  of  various  articles 7,  p.  5  j^j^  g  ..j,;^! 

need  not  tind  on  question  of  damages 7,  p.  5313'  g  33^1 

general  verdict  for  defendant  finds  all  issues  against  defend- 

.    ,      ''"*•. 7,  p.  HGIS,  §30.M 

judgment    13    condusive  in   questions    of   ownership    aiid 

^  ^'*'"^V 7,  p.  5313,  §  3G51 

can  be  no  judgment  for  damages  where  there  can  be  none 

.   ^      for  return 7,  p.  5G13,  §  3351 

judgment  not  in  alternative  form  prescribed  by  statute  cr- 

.    ,       ''°°''°"' 7,  p.  53U,  §3351 

judgment  does  not  determine  right  of  property,  whore  not 

putinissue 7,  p.  5CU,  §  3351 

judgment  will  not  be  reversed  becausa  of  uncertainty   in 

description  of  property 7^  p.  Sfj^j^  §3331 

nonsuit  should  not  be  granted  in  replevin 7,  p.  5311]  s  ajjj 

judgment  for  return  of  property;  power,  requisites  and  ef- 

.    ,    ^„    ^'°*°^ 7,  p.  5348,  §3353 

7.  In  Other  Cases. 

judgment  against  garnishee  a  bar  to  suit  by  defendant. 7,  p.  5Q17,  §  363S 


6G14      JUDGMENTS  AND  DECUKES— JUDICIAL  mOCEEDINQS. 

Judgments  and  Decrees— (Continuod.) 

iu   attucliiiiotit   suit   l>inilfl  only  property  attached,  although 

judgiiioiit  may,  in  form,  he  in  personam 7.  p.  5475,  §  S.^OO 

oCToct  of   jud^^niLMit  in  attauhincnt  aftur  aervice  by  puhliea- 

tioii  only 7,  p.  .'5470,  §  r)03 

dissolution  of  attiichmout — by  judgmont  for  defendant. 7,  p.  55G4,  §  3583 

attachment  not  C()n:4umm;ited  until  judgment — judgment  for 

defundant  dissolves  it 7,  p.  6543,  §  35G9 

judgment  ngainst    defiiulivnt    necessary    before    judgni'jnt 

against  garnishee 7,  p.  5597,  §  3016 

judgment  for  plaintilF  for  value  of  property  in  trover  and 

conversion  veatj  title  in  jdaintiff,  when 7,  p.  5718,  §  3078 

judgment  for  conversi(m  of  cliiv'ttls  bars  action  for  other 

chattels  taken  by  aame  act 7,  p.  5710,  §  3078 

requisites  and  efTect  of  judgment  or  decree  for  parti- 
tion  6,  p.  44GG,  §  2738 

judgment  is  for  single  sum  against  all  the  parties  proved 

guilty  of  tort 3,  p.  1774,  §  1044 

damages  for  separate  trespass  of  one  of  two  defendants  i^an- 

not  be  included  in  a  joint  judgment  against  both. 3,  p.  1774,  §  1044 

obtaining  of  judgment,  until  satisfaction  is  made,  no  bar  to 

action  against  joint  wrong-doer 3,  p.  1774,  §  1044 

plaintiff  taking  judgment  against  one  wrong-doer  for  less 
than  he  miglit  have  recovered,  cannot  sue  another  of 
the  joint  wrong-doers 3,  p,  1775,  §  1044 

guardian's  settlement  and  discharge  res  ndjinHciita 2,  p.  1597,  §    883 

order  admitting  person  to  practice  law  and  adjudication  of 

"good  moral  character "  at  that  time 1,  p.    207,  §    127 

8.  Forciijn  Jiiihjmoits. 

constitutional  provision  th.at  full  faith  and  credit  shall  bo 

given  to  jmlgments  of  sister  states 7,  p.  5965,  §  3795 

competent  to  hhow  that  judgment  is  invalid  for  want  of  juris- 
diction in  court  rendering  it 7,  p.  59GG,  §  3795 

anything  that  goes  iu  release  or  discharge  of  judgment  may 

be  shown 7,  p.  59GG,  §  3795 

Btatute  of  limitations  of  state  where  suit  brought  will  be 

available 7,  p.  5906,  §  3795 

where  court  rendering  the  judgment  had  no  jurisdiction 

over  person  or  the  subject-matter,  judgment  void  7,  p.  5966,  §  3795 

power  of  court  to  correct  fraud  in  foreign  judgment. .  ..7,  p.  5960,  §  3795 
Judicial  Notice. 

See  Evidence,  3. 
Judicial  Proceedings. 

defects  or  irregularities  in  judicial  proceedings  may  be  cor- 
rected by  retrospective  laws 7,  pp.  G0S9  G090,  §§3868-3809 

pleadings  and  other  papers  filed  by  parties  in  course  of  judi- 
cial proceedings  are  privileged  3,  p.  2311,  ?  1 287 


JUDICIAL  PROCEEDINQS— JURISDICTION.  CC15 

Judicial  Proceedings -(Continued.) 

words  Hpokea  by  couiiscl    i.i    judicial    proceedin«8    priv- 

,,.   ""S*^'^; 3,  p.  2314,  §  1288 

publication  of  reports  of  judicial  proceeding's  are  privileged, 

.  .,  ^^^^ 3,  p.  2344,  §1298 

privilege  extends  to  proceedings  in  the  nature  of  trials  be- 

furo  volautary  associations 3   ,,  0344  §  POS 

Judicial  Sales,  »  i- -     is   - 

See  COTKNANCY;    MORTOAOES,  9. 

title  to  land  may  be  acquired  by q^^  4413^  §2702 

doctrine  of  adverse  possession  does  not  apply  to  judiJial 

,  f"'*'^ 6.  p.  4413,  §2702 

dower  barred  by  judicial  sale 2,  p.  1418,  §    773 

power  of  probate  court  to  order  sale g,  p.  10:51'  j    936 

hearing  of  petition  for 2,'  p.  10()1,  §    937 

requisites  of  order  of  sale 2   p.  KUil'  §    933 

natureof  sale !.' ." '2,' p".  I(i02,' §    03!) 

whatmay  be  sold g   p   igg.,  g    j^^q 

who  must  make  sale 2,  p.  I(i(i3,  §    941 

only  money  receivable 2,  p.  IGliS^  §    942 

bidders  and  "  puffers  "  at  judicial  sales   2,  p    IGl."/  §    943 

bonds  given  before  sale 2,  p.  lG(i3.'  §    944 

order  of  sale  must  be  followed 2,  p.  1(104,  §    94.-) 

court  may  set  aside  sale a,  pp.  IGG4",  IGGo;  §3  94G,  947 

irregularities  in  sale g,  p.  IGCS,  §    918 

conhrmation  of  sale 3^  pp.  igu,>]GG7,  §    949 

when  sales  valid o   „    ,,.,.7   «    „.„ 

<«,  p.  1 01)7,  s    9oO 

when  sales  void o   „    ut?   «    n-i 

Jurisdiction.    See  Admiralty;  States. 

1.  State  and  Federal  Coukts. 

2.  Equity  Jurisdiction. 

3.  Miscellaneous. 

1.  State  and  Federal  Courts. 

jurisdiction  of  the  feder.al  courts 7^  „  5949  e  g-gg 

conflict  between  state  and  federal  courts '.  .7,  \>.  5930,'  §  37SG 

state  court  has  jurisdiction  of  action  against  national  b.mk 

to  recover  penalty  for  unlawful  interest 2,  p.    S90,  §    513 

to  set  aside  fraudulent  mortgages  of  chattels  is  in  state 

.     .  ,.T*'VV; 6,  p.  5027,  §  3091 

jurisdiction  of  the  federal  courts  in  patent  cases 4  p  ''SS'^  §  1CS9 

of  the  state  courts 4,  p.  2SS.-);  §  1G90 

state  courts  have  jurisdiction  in  trade-mark  cases 4,  p.  2SG1    §  1G49 

of  courts  in  copyright  cases 4,  p.  281 1^  §  1G"4 

of  state  courts  in  suits  against  national  banks 2,  pp.  890,  891*  §    513 

2.  Equitij  Jurisdiction.  ' 

courts     of     equity      have     exclusive    jurisdiction     over 

*™'*' 4,  p.  3375,  §  1979 


GG16 


JURISDICTION — JURY. 


Jurisdiction— (Continued.) 

jurisdiction  in  cfjuity  over  trusts  not  ousted  by  fact  that 

there  exists  adequate  remedy  at  law 4,  ^    3375,  §  1070 

a  court  of  ecjuity  alone  can  compel  a  trustee  to  execute  or 

surrender  trust 4,  p.  3375,  §  1970 

jurisdiction  of  equity  over  charities  and  charital)'.e  trusts.  2,  p.  1130,  §    G24 

over  religious  sooietios 2,  p.  1120,  §    620 

in  actions  by  or  against  executors  or  administrators.  .2,  p.  1G83,  §    9C6 
suits  by  or  against  executors  and  administrators  in  foreign 

jurisdiction 2,  p.  ICSl,  §    965 

jurisdiction  oi  equity  to  decree  specific  performance 5,  p.  4251,  §  2583 

to  relieve  against  forfe.'t.ires  by  breach  of  conditions  in 

dee  la  when 6,  p.  4518,  §2772 

to  order  partition 6,  p.  4454,  §2732 

eciuitj  has  uo  jurisdiction  of  attachment  proceeding. . .  .7,  p.  5475,  §  349i> 
3.  Miscellaneous. 

voluntary  appearance  of  foreign  corporations  con  "era  juris- 
diction...,,  1,  p.    621,  §    351 

writ  issued  by  officer  not  having  jurisdiction  void,   and  no 

protection  to  person   issuing  it 7,  p.  5526,  §  3552 

al'Uer  where  wrongfully  issued  by  court  that  has  jurisdic- 
tion  ,  ....7,  p.  552G,  §3552 

Jury. 

trial  by  jur^  required  by  federal  constitution  in  common-law 

suits 7,  p.  5957,  §  37S9 

this  provision  does  not  apply  to  state  courts 7,  p.  5957  n,  §  3789 

what  are  suits  at  "  common  law " 7,  p.  59o8,  §  3780 

party  may  waive  his  right  to  trial  by  jury 7,  p.  5958,  §  3790 

if  he  waive  it,  lio  cannj*:  afterward  claim  it  as  right. .  .7,  p.  595S,  §  371)0 
can  waive  his  riglifc  oiiiy  in  mode  specified  by  statute. .  .7,  p.  5958,  §  3790 
statute  that  trial  by  jury  shall  be  considered  waived  if  not 

demanded,  vai;d 7,  p.  5958,  §3790 

in  what  cases  aud  actions  trial  by  jury  may  be  demanded  as 

of  right 7,  p.  5959,  §  3791 

in  what  cases  aud  actions  trial  by  jury  may  not  be  demanded 

as  a  right... 7,  p.  5950,  §  3792 

in  i)roceedings  to  compel  tr.insfer  of  stock 1,  p.    774,  §    466 

in  summary  proceediugs  against   attorney 

1,  p.  224,  §  1.34;  1,  p.    317,  §    195 
what  statutes  do  and  do  not  interfere  with  such  riglit  .7,  p.  5962,  §  3793 
verdict  will  not  be  set  aside   because  one  juror  Mas    in- 
fant  2,  p.  1497,  §    824 

libels  on  jurors  when  actionable 3,  p.  2277,  §  1209 

action  will  not  lieforl  bel  on  grand  jurors' ^.resentment. 3,  p.  2311,  §  1286 
ignoring  of  bill  by  grand  jury  evidence  of  want  of  probable 

cause 3,  p.  1877,  §1094 

consultation  of  jurors  in  jury-room  privileged 3,  p.  231 1,  §  1286 


JUHY — LANDLORD  iJNT*  TENANT.  GG17 

Jiiry— (Continued. ) 

exemption  from  jury  service  unconstitntional  wlicn 7,  p.  nSOf),  §  3757 

attorney  exempt  from  scrviug  as  juror 1,  p.    '22S,  §    140 

Justice  of  the  Peace. 
See  Judges. 
ill    actions    Lcfore,  tcclinical    rules    of    pleading    not    cn- 

foi^ceil 3,  p.  2511,  §1410 

oflicc  of  attorney  not  known  injustice's  court 1,  p.    '20o,  §    123 

Labo~  ey . 

traveling  salesman  not  a  "  liiborcr" 1,  p.    s^l,  §    499 

nor  secretary  and  bookkeeper 1,  p.     s.T,  §    4!)9 

nor  assistant  chief  engineer  of  railroiul 1,  p.    8.'$7,  §    49D 

nor  a  contractor  to  prepare  road-ljcd  of  railroad 1,  p.    8."7,  §    499 

nor  a  bookkeeper  and  general  manager 1,  p.    S.'JS,  §    499 

nor  one  employed  to  iili  place  of  superintendent 1,  p.    838,  §    499 

Laches. 

may  prevent  rescission  of  fraudulent  auction  sale 1,  p.    3S2,  §    220 

person  guilty  cl  laches  cannot  avoid  subscription  to  stock  ob- 
tained by  fraud 1,  p.    75G,  §    454 

plaintiff  may  lose  right  to  specific  performance  of  eontractby 

unnecessary  delay  on  his  part:   illustrations 5,  p.  4281,  §  2G15 

delay  in  setting  aside  fraudulent  contract  may  havecffict 

of  affirming  it 5,  p.  3941,  g  13C2 

laches  not  imputable  to  party  defrauded,   until  he  has   liad 

knowledge  or  means  of  knowlcd-^e 5,  p.  3941,  §  23C2 

laches  of  i)laintiff  in  complaining  of  nuisance,  wlipu  a  defense 
to   action  for  presence  of  similar  nuisai     3  of  same 

kind  no  defense C,  p.  4S78,  §  3011 

right  to  use  water  to  injury  of  adjoining  proprietors  by   ac- 
quiescence  6,  p.  4774,  §2925 

owner  by  his  laches  may  lose  right  to  prevent  entry  of  land 

under  eminent  domain 7,  p.  (3153   §  ^   ^3 

delay  and  acquiescence  as  a  bar  to  suit  for  infringement  of 

trademark 4,  p.  2P57,  §  1G47 

lapse  of  time  ir  bringing  suit  for  divorce  bars  it 2,  p.  1448,  §    791 

lapse  of  time  a  bar  to  disbarment  proceedings  against  at- 
torney  1,  p.    005  g    i3(j 

delay  in  giving  notice  of  dishonor,  when  excused 4.  p.  2709,  §  1547 

•what  will  excuse  delay  in  presentment  of  bill  or  note  for 

P»y'"eut 4,  p.  OCC4,  §  15]S 

lapse  of  time,  dissolution  of  agency  by 1,  p.     fiCi  §     43 

express  trust,  as  between  trustee  and  ccntid  qne  trust,  not 

barred  by  lapse  of  time  as  long  aa  trust  eiista. .  .4,  p.  347C,  §  £038 
Lakes. 

See  WATErs  and  "Water-cocrses, 
Landlord  and  Tenant, 
lien  (jf,  see  Likns,  2. 


6618 


LANDLORD  AND  TENANT. 


Landlord  and  Tenant— (Continuod.) 

See  also  Da.maoes;    Distkess;     I'mblements;    Fixtures; 
Leask;  Waste. 

1.  CnEATio.v  OF  Ten'an'cy  in-  General;  Estates  roB  Years; 

AT  Will;  bvt  SufrER^v^ca. 

2.  The  Licase. 

3.  JJent. 

4.  CONDITION'S  AND  COVENANTS  IN  LtAPE. 

5.  Assignment  of  Lease — Sud-lettinu. 

6.  Ti- mi  I  nation  os  Lease— Koxick  xo  Quit,  EiCk 

7.  Eviction. 

8.  JtEMEDTES. 

?ee  also  Eject:«ent. 
1.  Creation  of  Tenanry  in  General. 

estate  for  years,  what  is 6,  p.  4^65,  §2796 

pcri)etual  lease,  how  created 6,  p.  4.")G-1,  §  2796 

leases  for  ^ong  terms  prohilnted  in  some  states 6,  p.  45G5,  §  2796 

lease   for  years  is  a  chattel  real,  and  does  not  pass  to 

1  oir 6,  p.  4ofi5,  §  2796 

but  lease  for  999  years  is  a  fee  on  ground  rent 6,  p.  4565,  §  2796 

relation  of  landlord  and  tenant  is  created  by  contract,  ex- 
press or  implied 6,  p.  45G6,  §  2797 

but  contract  must  be  a  legal  one 6,  p.  4507,  §  2797 

reservation  of  rent  or  gross  sum  will  constitute  lease. .  .6,  i).  45G6,  §  2797 
in  wh  t  cases  relation  of  landlord  and  tenant  does  and  does 

lot  exist 6,  p.  4567,  §  2797 

whether  relation  of  landlord  and  tenant  exists  a  question  of 

fact 6,  p.  4568,  §  2797 

whether  evidence  proves  a  tenancy  a  quest' in  of  law. .  .6,  p.  45GS,  §  2797 
tenancy  is  imi)]ied  where  one  occupies  land  of  another  with 

his  permission 6,  p.  4568,  §  2793 

in  what  cases  tenancy  not  implied 6,  p.  4508,  §  2798 

tenant  Jiolding  over  after  expiration  of  term  may  be  treated 

as  trespasser 6,  p.  4569,  §  2799 

or    as    tenant    for    another    year   on  terms  of  former 

lease 6,  p.  4500,  §  2799 

letting  of  land  on  sliares  not  lease 6,  p.  4571,  §  2800 

as  to  crops  raised,  owner  of  land  and  cropper  are  tenants  in 

common 6,  p.  4571,  ^'2800 

rights  of  persons  letting  land  for  share  of  crop 6,  p.  4572,  §  2S0O 

tenant  cannot  dispute  landlord's  title;  exceptions 6,  p.  4581 ,  §  28 J7 

when  servi'  it  occupying  master's  house  is  a  tenant 1,  p.    481 ,  §    275 

tenant  for  years  during  term  has  sole  right  to  property. 6,  p.  45SG,  §  2803 
landlord  lias  no  pusse.ision  which  will  enable  him  to  sue  in 

respect  to  leased  property 6,  p.  4586,  §  2803 

tenant  has  right  to  re-enter  after  expiration  of  term  to 

remove  Lis  property 6,  p.  45SG,  §  23'  i3 


LANDLORD  AND  TENANT,  (JGIQ 

Landlord  and  Tenant— (Continued.) 

has  no  right  to  make  alterationa  in  premises    during 

^  ^    **^™ 6,  p.  45Sn,  §  2803 

estate  at  will,  what  is,  how  createa 6.  p.  4.-,S7,  §  "S09 

rights  of  tenants  at  will q^  j,_  453;,  ^,,^q^ 

tenancy  at  will,  how  determined e,  p.  4r,H%  §  2S10 

death  of  either  party  dissolve)  tenancy  at  will 6,  p.  45S3,'  §  2810 

tenancy  construed  as   from  year  to  year  rather  than' at 

,  ^'t^""' 6,  p.  4.-89,  §  2S11 

tenancy  by  sufferance,  what  is,  how  created 6,  p.  4o8(),  §  2812 

death  of  landlord  deterjnines  tenancy  by  sufTprance.  .6,'  p.'  45;)o'  g  2S12 

lettliu'  of  rooms,  lodgings  or  a-artments  in  buildii-g.  ...6,  p.  4.-)!)o',  §  2S13 

lun  o  cupier  a  tenant  and  when  a  lodger. °  . .  .6,  p.  4.")!)l|  §  2813 

distinction  between  riglits  <<f  lodgerand  tenant. ..'.".". 6 '  p  4.-)')l '  §  -IsiS 
liability  of  lod.er  for  rent 6,  p.  4o'Jl!  §  2813 

What  will  amount  to  contract  to    rent  portion  of  room  for 

,        /f    ; 6,  p.  4591.  §  2813 

tenant  of  rot       nu/  decorate  outside  walls  with  business 

^'="^ 6,  p.  4502,  §  2S13 

no  presumption  from  a  general   hiring  of  lodgings  or  fur- 

',1c  1  apaitments  that  it  is  for  yc.r 6,  p.  4592  §  2813 

hirii;;;  i.  .  V  >iekly  r  -ut  may  be  determined  without  notice  at 

endofanyw<ek q^  ^  4592.§2S13 

tenant  cannot  charge  landlord  with  improvements  made  by 

him...  6.  p.  4G,-;4,  §  2851 

alitcr  where  he  has  covenanted  to  allow  them 6,  p.  4G54  g  2S51 

2.  The  Lease.  '  '     "^ 

■what  is  a  lease;  parties  to  lease Q  p  4573  §  ogQi 

who  may  be  lessor  and  lessee f\   „   457;{   §  ogQi 

distinction  between  lease  and  contract  to  give  lease  ...  .6,  p.  4573,'  §  2S01 
form  of    words  immaterial;  word   "lease"  need   not   be 

"'^'^  •  •  •  • ; 6,  p.  4574,  §  2301 

lease   merges   all   previous    negotiations,    whether   oral   or 

^"■'"°" 6,  p.  4575,  §2301 

mere  agreement  for  future  lease  does  not  give  right  of 
possession,  or  create  a  tenancy,  and  is  not  considera- 
tion for  actur.1  renting 6_  p  4---^  g  0301 

equity  will  degree  specific  performance  of  an  agreement  to 

.,,       give  lease.    ° 6,  p.  4575,  §  2301 

either  party  has  also  right  of  action  for  damages  for  breach 

ofasreement 6,  p.  4575,  §  2301 

action  will   not  lie  upon   mere  pr.ipipsal  for  lease,  nor  upon 

parol  agreement  thertfor,  unless  partly  perf,,riiiod.6,  p.  4575,  §  ogQl 
or  property  lies  untenanted,  or  expenditure  is  incurred  as 

result  of  bre.aeh , 6,  p.  4575,  §  2S01 

nor  upon  refusal  to  execute  lease  whirh  imposes  terms  anil 

coudiiious  not  agreed  to,  and  not  imposed  by  law. 6,  p.  4575,  §  23f)l 


I 


UU20 


LANDLOllD  AND  TENANT. 


Landlord  and  Tenant — (Continued.) 

measure    of    dauiayes    for    breach    of    contract    to    make 

lease 6,  p.  4575,  §  2301 

valid  lease  may  be  made  in  writing  without  Bcal 6,  p.  4570,  §  2803 

words    "  dcniisf,  lease,  and  to  faim  let "  proper  in  lease,  but 

others  may  be  u^ed 6,  p.  4577,  §  2803 

acceptance   of  lease   essential;    but    lessee  need    not  seal 

it 6,  p.  4577,  §  CS04 

acceptance  of  lease  bonefioial  to  lessee  is  presumed.  ...6,  p.  4577,  §  2804 

lease  may  be  for  term  to  conimcnop  infuturo 6,  p.  4577,  §  2805 

from  what  time  does  lease  take  efifect 6,  p.  4577,  §  2805 

ot  what  time  docs  lease  terminate 6,  p.  4579,  §  2805 

everything  appurtenant    and   necessary   to  its  enjoyment 

passes  by  lease  of  building 6,  p.  4579,  §  2806 

right  of  tenant  to  put  up  sign-boards  on  building 6,  p.  4579,  §  2306 

lease  of  "  first  floor  of  building  "  passes  what 6,  p.  4580,  §  2806 

tenant  entitled  to  crops  on  premises 6,  p.  4580,  §  2806 

meaning  of  terms,    *' appurteuaaces,"   "furniture,"    "fur- 
nished with  gas  " 6,  p.  45S0,  §  2806 

tenant  cannot  disjjute  landlord's  title 6,  p.  45SI,  §  2807 

iu  what  cases  may  tenant  set  up  adverse  title  to  land- 
lord   6,  p.  4582,  §  2S07 

3.  ricnt. 

rent  defined 6,  p.  4592,  §  2814 

acceptance  of  lease  or  occupation  of  premises  binds  party  to 

pay  rent 6,  p.  4502,  §2814 

when  rent  cannot  be  claimed 6,  p.  4593,  §  2814 

iu  what  may  rant  be  payable 6,  p.  4593,  §  2814 

rent  is  payable,  in  absence  of  contract  or  custom,  at  end  of 

trm G,  p.  4594,  §2815 

at  what  place  is  rent  payable 6,  p.  4594,  §  2815 

rent  payable  in  advance  on  certain  day  may  be  paid  at  anv 

time  during  that  day 6,  j    4505,  §  2315 

no  demand  of  rent  (m  the  day  it  falls  due  is  necessary.  .6,  p  4595,  §  2315 
custom  to  pay  rent  in  advance  cannot  be  applied  to  an  ex- 
press covenant  to  i)ay  quarterly G,  p.  4505,  §  2815 

lessee  who  has  paid  rent  in  advaucL',  not  lia'  le  to  pay  again 

to  assignee  of  reversion C,  p.  4">n5,  §  2815 

double  rent  recoverable  Mlicn  tenant  holds  over C,  p.  4595,  §  2816 

debt  and  covenant  lie  for  rent  due  on  lease 6,  p.  459;),  §  2817 

rent  recoverable  in  equity  whrn G,  j).  459G,  §  2317 

in  what  cases  action  for  use  and  occupation  will  and  will  not 

lie 6,  p.  4m,  §  2813 

distre  s,  wlieu  and  how  perniiltcd  iu  the  United  States. 0,  p.  45'.)S,  §  2S19 

requisites  to  valid  distress 6,  p.  45:)S,  §  2319 

landlord's  lien  by  statute  for  rent 6,  p.  4G00,  g  2820 

apportiuumeut  of  rent  may  bo  made,  in  what  cases. . .  .6,  p.  4G01,  §  2321 


LANDLORD  AND  TENANT.  6G21 

Landlord  and  Tenant-(Continuecl.) 

promise  to  piiy  rent  for  term  not  aCFected  by  destruction  of 

premises  by  fire  or  other  casualty 6,  p.  4G02  §  2822 

allter    M-licre    only    buildiug    itself    or    apartments    are 

^''^''''^ 6,  p.  4G04.  §  2S22 

tenant  noj  luib'e  for  acciJeutal  destruction  by  lire  .;f  prop 

*='"'y  ^<^-'^«'^^^ 6,  p.  4(505,  §  2722 

covenant  to  pay  rent  implied  in  lease 6,  p.  40;^,"),  g  2!  .<7 

non-payment  of  rent  does  not  work  forfeiture e!  p.  4(i:]r)i  §  2t>;i/ 

demand  necessary  to  work  forfeiture 6,  p.  4Go j,'  §  2S:)7 

4.   Comfiuohi  and  Covenants  in  Leases. 

Icisor  may  annex  any   conditions  lie  pleases,   if    not    il- 

'•^S''^ 6,  p.  4C06,  §  2S2.{ 

but  reservation  or  condition  repugnant  to  estate  granted  is 

.  ^'"''^ 6,  p.  4G0G,  §  2823 

right  to  re  enter  <  n  breacli  mnst  be  reserved 6,  p.  Mlol,  %  2823 

whether  words  make  a  condition  or  covenant G,  p.  4(107,  §  2S23 

lessor   may   waive   conditions  in    lease   Mithout  considera- 

,    ,    *'°" 6,  p.  4G07,  §  2823 

what    condition,"    can    only    be    taken    advantage    of    by 

^'^^^°'' 6,  p.  4G07,  S  2823 

covenant  is  agreement  under  seal  to  do  or  not  to  do  certain 

*'''"S 6,  p.  4G07,  §2824 

no  particular  form  of  words  required G,  p.  4G07,  §  2824 

what  covenants  are  implied  on  part  of  grantor  of  lease.  .6,  p.  4G07,'  §  2824 

what  covenants  are  implied  on  part  of  lessee G,  p.  4G(JS,'  §  2S24 

what  covenants  are  not  implied  iu  lease 6,  p.  4G0si  §  -'S24 

when  express  covenants  are  made,  law  will  imply  none  upon 

.        .    samesul.ject , q   ^  4G08,  §  2824 

implied  covenant  may  be  qualified  by  express  covenant.  6,  p.  4G08,  §  2824 
equity  will  not  iin])ly  oveuant  in  restraint  of  beneficial  use 

of  property 6,  p.  4G0!),  §  2824 

what  covenants  run  with  the  land 6,  p.  4(i09,  §  2825 

what  covenants  do  not  run  with  the  land 6,'  p.  40 1 2,'  §  2.-25 

what  coVLMiants  are  usually  found  iu  lease o'  p.  4013'  §  28"6 

construction  of  agreement  that  "  usual  covenants  "  siiall  be 

inserted  in  kase 6,  p.  4G13,  §  282G 

covenant    for    quiet     enjoyment,    couitruction   and    ellect 

";: .••;••, 6,  p.  4013.  §2827 

covenant  to  rep  ar  by  lessor,  construction  and  effect  of  .6,  p.  4G1G,  g  2828 
covenant  to  ri'pair  by  lessee,  construction  and  etlect  of  6,  p.  4G.JG,  g  2838 
tenant  h.13  no  remedy  against  landlord  for  injury  from  de- 
fective condition  of  premises,  or  from  suUenng  them 

to  get  out  of  repair !.6,  p.  4Glt),  §  2.VJ9 

but  houses  must  be  .safely  built 6,  p.  4^,20,  g  2829 

landlord    liable    who    knowingly    leases    defective    build- 

^"S3 g     „     Anr,Q     o  2S-T) 


G622 


LANDLORD  AND  TENANT. 


liandlord  and  Tenant— (Continuetl.) 

owuor  of  tuuciuoiit  or  .ipartinent  house  liable  for  defcctivo 

stairways 6,  p.  4020,  §  2329 

landlord  is  lial)lo  for  injury  caused  by  defuctivo  elevator  in 

luildiiig 6,  p.  4C21,  §2S29 

landlord  liable  fur  injury  in  ni:iki  ij^  r.-[iair3 G,  p.  4G21,  §  liS'JO 

lessee  caimot  suo   for  personal  injury  caused    by  breach  of 

agrecinent  to  repair  williin  reiioaible  time 6,  p.  4()21,  §  2S29 

landlord  lial)le  for  not  providing  statutory  lire  esc:\pe.  .6,  p.  4G-3,  g  2630 

no  implied  warranty  tiiat  premises  rented  are  tenantable,  or 

lit  for  pur[io3es  designed C,  p.  4022,  §  2330 

maxim  {•(/(•(■((<  e/;i//<t)r  n])plies  to  renting  of  houst      kunVord 

not  obliged  to  disch)3e  defects 6,  p.  4022,  §  2333 

ia  Ictling  furnislied  house  or  apartmjut  implied  warranty 

that  it  is  lit  for  habitation 6,  p.  4G24,  §  2331 

unheal tliy  eonditi.m  of  house  a  constructive  eviction  . .  .6,  p.  4025,  §  2332 

duty  of   landlord    to    disclose   defects   all'ecling   health    of 

house 6,  p.  4025,  §  2332 

or  that  house  is  infeeted  with  contagious  disease 6,  p.  4J27,  S  2S32 

Btatenient  by  tlio  landlord  that  the  pkunbiiig  was  in  good 

order G,  p.  4020,  §  2332 

good  defense  to  au  aotiou  for  reut  Miat  landlord  knew  that 
house  had  formerly  been  ojjupied  as  brothel,  and  con- 
cealed fact 6,  p.  402'],  §2332 

covenant  to  renew  lease,  construction  and  effect  of..., 6,  p,  4027,  §  2S33 

against  i  icumbrances,  construction  an  1  ell'  ct  of 6,  p.  4lj3.'),  §  2334 

for  furtli'-T  assurances,  constructinn  and  Cu'ect  of. . .  .6,  p.  4034,  §  '2Soo 

when  tenancy  legally  terminated  landlord  has  right  to  peace- 
ably enter  premises  and  take  possession 6,  p.  4034,  §  2S36 

may  remove  trespassing  tenant's  goods G,  jj.  4034,  g  2830 

lessor  has  no  right  to  re  enter  land  leased,  during  term, 

though  land  be  vacant 6,  p.  4035,  §  2330 

covenant  to  pay  rent,  see  ante,  3,  Hint. 

in  absence  of  covenant  tenant  may  use  premises  f o  •  any  pur- 
pose he  sees  fit 6,  p.  4033,  §  2339 

covenants  restricting  use  of  the  preuuses  are  valid,  and  run 

M-ith  land 6,  p.  4033,  §2339 

injunction  will  lie  to  prevent  a  Icise;  or  liis  assignees  from 
converting  demised  premises  to  uses  inconiisteut 
with  lease 6,  p.  4G3G,  §  2339 

covenant  in  restraint  of  beneficial  use-  if  properly  will  not  bo 
implied  from  mere  pro\  i  lou  for  partii  ular 
use .6,  p.  4aC3,  §  2323 

covenant  forbidiling  one  use  of  premises  will  not  by  imi'lica- 

tion  forl.id  dilicrent  use 6,  p.  4038,  §2333 

demise  of  farming  lands  implies  a  covenant  that  they  sh^ll 

be  used  as  &uch 6,  p.  4G39L  §  2SJ9 


LANDLORD  AND  TENANT.  6G23 

Landlord  and  Tenant— (Continued.) 

lease  of  a  mining  privilege  confers  no  rights  to  use  lanrl  for 

purpose  except  mining e,  p.  4C39,  §  28.19 

implied  contract  on  part  of  a  lessee  to  make  brick  not  created 

by  lease  of  a  brick- yard Q_  p,  ^Q^^cf   §  2S.39 

what  is  and  is  not  broach  of  covenant  "  not  to  carry  on  any 

trade  or  business  " q^  p_  ^q^c)^  §  o!539 

not  to  exercise  trade  of  butcher 6,  p.  4(18'.'   §  i;,s:?9 

not  to  occujjy  as  a  jobber Q^  p  4C3q  §  2S?>0 

to  keep  premises  clean,  and  not  occupy  them  as  a  saldon 

or  a  meat  market . . . . , g^  p  4(;,'!f)^  §  2S?)d 

to  use  premises  for  storage  of  furniture  only 6.  p.  4f;;i9,  §  2S.']9 

to  occupy  premises  for  same  purpose  they  are  now. .  .G,  y.  4;i40,  §  '2S?,0 

to  use  house  as  a  private  Iiouse  only 6,  p.  4(;40,  §  2839 

to  use  premises  for  particular  purpose 6,  p.  4G10  §  2S.'>9 

not  to  suffer  more  than  one  family   to   ocoupy   each    100 

"cres 6,  p.  4G40,  §  2839 

not  to  allow  premises  to  be  used  as  "  beer  sho])" 6,  p.  4G41,  §  2839 

not  to  use  premises  "  so  as  to  increase  lisk  "  of  fire.  .6,  p.  4011,  §  2839 
lessee  has  no  right  to  make  alterations  on  premises..  .6,  p.  4G41,  §  2839 
covenant  to  pay  taxes  and  assessments;    construction  and 

effect  of G,  p.  4G41,  §2340 

See  TAXATIo^^^. 
covenant  to  insure  in  lease;  construction  and  effect  of.  .G,  p.  4G43,  §  2811 

option  to  purchase,  construction  and  effect  of C,  p.  4C57,  §  2852 

covenant  to  reside  on  premies G,  p.  4Co7  §  28i53 

covenant  to  furnish  cows  lit  for  dairying,  "number  not  lim- 

^^^'^'" G,  p.  4G58,  §  2853 

covenant  by  lessor  to  sujiply  seed Q^  p.  4G53,  §  2S53 

covenant    to    jwy  proportionate  part  of  expense  of   hcat- 

'"S 6,  p.  4G58,  §2853 

covenant  that  landlord  may,  in  a  certain  case,  evict  kssoe'a 

tenant,  and  then  relet  premises G,  p.  4G58   §  2353 

covenant   that   certain   ac^s  to   be  done   by  him   on  leased 

premises  shall  be  witliout  damage  to  lessee G,  p.  4G58,  §  2853 

when  covenants  are  dependent  and  when  independent.  .6,  p.  4658,  §  2854 

illustrations  of  covenants  held  dependent C,  p.  4G59,  §  2S54 

illustrations  of  covenants  held  independent G,  p.  4059,  §  2354 

B,  Assignment  of  Lease — Suhhttlnrj. 

covenant  to  assign  or  lub'ct  lease;    construction  and  effect 

«f • 6,  p.  4G45,  §28,3 

unless   restrained  1  y  lease,   tenant  may  assign  his  inter- 

^^^ 6.  p.  4C4G,  §  2844 

to  constitute  assignment,  entire  interest  of  lessee  must  p.iss 

to  assignee 0,  p.  464G,  §  2844 

where  lessor  leases  pnrt  of  premises  for  remainder  of  term, 

this  is  undei  lease,  and  nut  assignment 0,  p.  4G4C  §  2S44 


6624 


LANDLORD  AKD  TENANT. 


Landlord  and  Tenant  -(Continued.) 

no  form    of  words   or    considoiation    required    in    assJcfn- 

racnt 6,  p.  4047,  §2313 

wUcre  lease  i-i  reciuired  hy  statute  to  Ijo  in  wriling,  as.-itjn- 

ment  must  bo 6,  p.  4017,  §2845 

lessee    remains    after    as.si^^nnicut    liable    on  covenants   in 

lease 0,  p.  4G47.  §  2S45 

assent  of  lessor  to  assignment,  how  sliown 6,  p.  4048,  §  2845 

lessee  can  recover  rent  from  assignee  only  when  he  himself 

has  paid  rent  to  lessor 0,  p.  4G43,  §  2845 

assignee  of  a  lease,  hy  accepting  assignment,  takes  it  subject 

to  all  covenants 6,  p.  4G4S,  §  2345 

assignee  may  exonerate  himself  from  liability  by  assigning 

to  another 6,  p.  4f>4S,  §  2'45 

other  liabilities  of  assignee  of  lease 6,  p.  4019,  §  2345 

where  lessee  becomes  bankrupt,  his  assignee  takes  leased 

premises  as  part  of  estate 6,  p.  4G")n,  §  2346 

by  sale  f ;  term  on  execution,  purchaser  is  made  assignee. 6,  p.  4050,  §  2846 
on  marriage  of  a  female  lessee,  term  is  transferred  to  hus- 
band   6,  p.  4050,  §  2340 

on  death  of  lessee,  his  executor  or  administrator  is  liable  as 

assignee  of  leasehold  estate 6,  p.  4050,  §  23 16 

tenant  may  s  nblet  unless  restrained  by  lease 0,  p.  4050,  §  2347 

tenant  may  bo  enjoined   from   subletting  for  use  by  sub- 
lessee not  in   contemplation  of  landlord  at  time  of 

lease 6,  p.  4051,  §  2347 

snbletting  in  violation  of  covenant  terminates  it 6,  p.  40'51,  §  2S47 

covenant  not  to  sublet,  when  not  broken 6,  p.  4051,  §  2347 

sub-lessee  not  liable  to  first  lessor  for  rent  reserved,  or  on 
covenants  in  first  lease;  liible  only  to  his  immediate 

lessor 6,  p.  4051,  §  2347 

landlord  not  liable  to  sub-tenant   to  keep  premises   in 

repair G,  p.  4G."2,  §  2347 

liability  of  lessee  for  acts  of  co-tenants ■, .  .6,  p.  4052,  §  2343 

lessor  may  assign  or  convey  his  reversion G,  p.  4fi5.'J,  §  28 19 

rents  go  to  assignee,  unless  overdue,  or  secured  by  note.  6,  p.  4053,  §  2319 
couveyauce  of  reversion  carries  crop  growing  upon  it  G,  p.  4tJ53,  §  2319 
lessor  may  convey  the  reversion  with  rent,  or,    retaining 

reversion,  may  assign  rent 6,  p.  405.1,  §  2349 

landlord's  estate  assigned  by  hisdcatli  or  bankruptcy. G,  p.  4f)'53,  §  2349 

attornment,  what  is;  not  required  in  United  States G,  j).  4054,  §  2S50 

payment  by  tenant  to  landlord  without  notice  of  assignment 

of  lease,  good 6,  p.  4351,  §  2350 

payment  in  advance  good  as  against  vendee  of  premises.  G,  p.  4054,  §  2850 
6.   Termination  of  Lease;  Notice  to  Quit,  etc. 

lease  for  certain  term  expires  on  expiration  of  time  or  hnp- 

pcuiug  of  contingency  without  notice 6,  p.  4G6G,  §  2SG3 


LANDLORD  AND  TENANT.  6G2.5 

Landlord  and  Tenant— (Continued.) 

provision  that  lessor  may  tcrininiitj  lease  on  notice,  rloos  not 
exclu.le  right  to  have  rescidsioa  of   lease  for  breach  of 

lessee's  obli -ations Q,  p.  40GO,  §  2363 

on  reservation   in   lease  of   right  to  termiaato  it  on   sale  of 

premises,  sale  must  he  hoiinjiife 6,  p.  4007,  §  28G3 

,     lease  given  for  "  term  of  life  of  third  person  " 6,  p.  4007,  §  2803 

given  "during  absenee  of"  landlord  from  country.  ...6,  p.  4007,  §  2803 

given  to  club  during  its  existence 6,  p.  4607,  §  2803 

given  for  "  term  of  A  as  postmaster  " 6,  p.  4007,  §  2803 

termination  of  lease  by  surrender;  what  is 6,  p.  4068,  §  2305 

reqai  it;s  of  surrender 5^  p.  4(]gs^  §  2  6) 

what  ia  and  is  not  a  surrender;  effect    of 6,  p.  4669,  §  2865 

term  for  years  vested  in   person  seised  of   freehold,  term 

merges  in  freehold  and  becomes  extinct 6,  p.  4667,  §  2864 

rights  of  lessor  and  lessee  do  not  merge  upon  conveyance  by 

former  to  latter,  when 6,  p.  4667,  §  2864 

wlr  -e  tenant  abandons  premises  before  end  of  term,  land- 
lord may  rocoyer  to  end  of  term 6,  p.  4673,  §  2866 

but  aliter  whert  ho  enters  and  takes  possession 6,  p.  4073,  §  2366 

landlord  not  bound  to  rent  premises  for  benefit  of  tenant.  J,  p.  4673,  §  2866 
attempt  of  tenant  to  convey  greater  estate  than  he  has  docs 

not  create  forfeiture 6,  p.  4673,  §  2867 

tenant     may   forfeit  term    by  disaffirmance   of    landlord's 

*|*^° 6,  p.  4674,  §  2867 

no  forfeiture  for  breach  of  covenant  unless  right  of  re  entry 

reserved C,  p.  4074,  §  2807 

•what  will  amount  to  waiver  of  forfeiture  by  lessor 6,  p.  4074,  §  2807 

wlicn  forfeiture  not  allowed 6,  p.  4075,  §  2807 

tenancy  may  be  terminated  by  notice  to  quit 6,  p.  4()75,  §  2S03 

tenants  from  year  to  year  entitled  to  notice  to  quit 6,  p.  4070,  §  2809 

so  if  tenancy  f.oni  month  to  month  or  weekly 6,  p.  4()70,  §  2869 

notice  essential  to  terminate  estate  at  will 6,  p.  4077,  §  2809 

also  estate  at  sufferance 6,  p.  4077,  §  2809 

other  persons  held  entitled  to  notice  to  quit 6,  p.  4077,  §  2809 

other  persons  held  not  entitled  to  notice  to  quit 6,  p.  4031,  §  2574 

where  relation  is  that  of  master  and  servant  and  not  land- 
lord and  tenant,  no  notice  to  quit  ruciuired 6,  p.  4078,  §  2870 

as^iignees  and  sub-tenants  entitled  to  notice  to  quif. 6,  p.  4079,  §  2371 

where  tenancy  for  fixed  term  or  until  happening  of  contin- 
gency, no  notice  to  quit  required 6,  p.  4080,  §  2872 

notice  by  tenant  of  intention  to  quit,  essential 6,  p.  4081,  §  2873 

length  of  notice 6,  pp.  40S3-40S4,  §  2875 

notice  must  terminate  with  current  period  of  tenancy.  .6,  p.  4084,  §  2875 
time  required  for  notice  may  be  altered  by  aizreement.  .6,  p.  4684,  §  2875 
day  on  which  notice  given  must  be  exclm led  in  computa- 
tion  6,  p.  4684,  §287S 


*5626  LANDLORD  AND  TENANT. 

landlord  and  Tenant— (Continued.) 

notice  to  quit  within  three  <lay8  "after"  service  gives  throe 

whole  days  before  suit 6,  p.  4CS4,  §  2S75 

length  of  notice  is  reguhitcd  by  fctatuto 6,  p.  4GS4,  §  '2815 

notice  must  truly  state  day  on  which  tenancy  is  to  termi- 
nate  6,  p.  4G84,  §  'JS76 

notice   to  quit  good,  though  it  coutnins  option  to  tenant  to 

remain  on  jjayinent  of  advanced  rent 6,  p.  4GS4,  §  2376 

notice  to  quit  is  sudiLient  if  substantially  accurate,  or  if  it 

fairly  shows  tenant  what  premisea  are  demanded. 6,  p.  4G81,  §  2S76 

statutory  notice  must  strictly  follow  the  statute 0,  p.  4(iS5,  §  '2.S7G 

notice  to  quit  may  bo  waived  by  lamllord  or  tenant. .  .0,  p.  4G8o,  §  2S77 

what  is  and  is  uut  a  waiver 6,  p.  4085,  §  2877 

7.  Edition. 

eviction,  what  is G,  p.  4GS5,  §  2878 

eviction  terminates  tenancy,  and  the  tenant  may  abandon 

premises 6,  p.  4G86,  §  2S78 

authorizes  tenant  to  move  improvements,  where  lease  pro- 
vides that  he  may 6,  p.  4G8G,  §  2873 

eviction  may  be  constructive  as  well  as  actual 6,  p.  4(j?G,  §  2873 

question  of  eviction  of  tenant,  one  of  fact  for  jury. . .  .6,  p.  4(j86,  S  2878 

eviction  is  bar  to  suit  for  rent,  when 6,  p.  4087,  S  2378 

eviction  may  be  waived  by  tenant,  how 6,  p.  4088,  -j  2878 

what  acts  will  constitute  an  eviction 6,  p.  4088,  Jt  2873 

what  acts  will  not  constitute  an  eviction 6,  p.  4CSl>,  s  2373 

partial  eviction  suspends  entire  rent  when 6,  p.  4093,  ^  2879 

&  Remedies. 

See  also  Ejectment. 

fitatutory  summary  proceedings  to  obtain  possession  of  prem- 
ises unlawfully  detained 6,  p.  4700,  §  2SS5 

proceedings  possessory  question  of  title  irrelevant. .  .6,  p.  4700,  S  2335 

are  not  a  substitute  for  action  of  ejectment 6,  p.  4701,  §  2>85 

•when  statutory  action  maintainable  and  by  whom. .  .6,  p.  4702,  g  2886 

when  statutory  ajtii  n  not  maiutainaldo 6,  p.  4703,  §  2S87 

procedure  in  summary  actions  against  tenants   to   obtain 

possession  of  premises 6,  p.  4705,  §  2883 

■who  may  and  may  not  bo  dispossessed  under   writ  of  dis- 

po.ssession 6,  p.  4700,  §  2SS9 

oflTicer  removing  tenant's  good^^;  liability 6,  p.  4700,  §  2889 

if  judgment  reversed,  the  tenant  entitled  to  a  restitution 

of  possession 6,  p.  4700,  §  2SS9 

where  more  land  taken  by  warrant  tlian  recovered  in  ac- 
tion, court  will  compul  restitution 6,  p,  470C,  §  2889 

nnder  statute  giving  damages  for  dispossession  upon  rever- 
sal of  judgment,  grounds  of  reversal  immaterial. 6,  p.  4700,  §  2SS9 
tenant  may  recover  damages  for  withholding  of  possession 

and  for  loss  of  money  taken  and  destroyed 6,  p.  4706,  §  2389 


LANDLORD  AND  TENANT — LEASE,  6G27 

Landlord  and  Tenant— (Continued.) 

action  will  lie  for  meuacina  tenants  and  obliging  tliem  to 

a»it  Jand 3^  p.  2203,  §1273 

Land  Warrants. 

Status  of  rijihta  and  interests  of  purchasers  of 6,  p.  4400,  §  2003 

Lapse  of  Time. 

See  Lachesj  PnEscniPTiON, 
Larceny.     See  also  Theft. 

acquisition  of  propeity  by  larceny  or  trespass  docs  not  create 

relation  of  trustee  and  cestui  que  trunl 4,  j).  3427,  §  2013 

Lateral  and  Subjacent  Support. 

Sue  Easemkni'3. 
Latent  Defect. 

See  Warh.vnties, 
Law  and  Fact. 

See  EviDKN'CB. 
Law  of  the  Road. 

Law  of  the  road;  driver  must  keep  to  the  right 3,  p.  2040,  §  11G6 

in  what  cases  law  of  the  road  does  not  apply 3,  p.  2042,  §  IICO 

Law  School. 

statute  making  diploma  of,  conclusive  evidence  of  qualifica- 
tion to  practice,  valid 1,  p,    200,  §    127 

Lawyers. 

See  AxTOBXEys. 
Lease. 

See  also  Laxdlord  and  Tenant,  2;  Railroat>3,  2. 
lease  of  real  estate  for  five  years,  by  auction,  to  highest  bid- 
der is  not  sale  of  real  estate 1,  p.    350^  §    o]2 

implied  power  of  agent  to  lease 1,  p.     kju,  §      GO 

lessee  of  land  is  not  servant  of  lessor 1,  p.    51G,  §    205 

railroad  corporation  not  dissolved  by  lease  of  road  for  term 

of  charter 2,  p.  1012,  §    CG3 

contract  in  form  of  lease  does  not  constitute  lessor  and  lessee 
partners,  because  lessor  advances  money  and  ai'rees 

not  to  exact  rent .2,  p.  1109,  §    G40 

railroad  cannot  free  itself  from  liability  for  negligence  by 

^^^^^■■■- "..?.. .2,  p.    974,§    512 

voluntary  associations  may  make  valid  lease 2,  p,  10(J1,  §    5'Ji 

Lability  of  lessor  of  premis  sunder  "civil  damage  "  laws  for 

injury  by  sale  of  liquors 3,  p,  1949^  §  n^i 

renewal  of  lease  by  partner  or  other  fiduciary  creates  a 

.  ^'■"^'^ 4,  p.  .S435,  §2017 

injuries  from  defective  condition  of  leased  property.... 3,  p.  2012,  §  1154 

franchise  of  corporation  cannot  be  leased 1,  p.    C42,  §    377 

leasing  of  part  of  railroad  between  two  points  not  compli- 
ance  with  contract  to  construct  road  between  said 
Po^'^'s 2,  p.    97S,§    543 


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6G23 


LEASE — LICENSES. 


Lease— (Continued.) 

riglita  of  lc3iuo  u£  mortgagor 0,  J}-  4921,  §  3333 

Legacies. 

See  \Vii,r,«?. 
Legislatures. 

See  CoNsTiTUTiovAL  Law,  3. 

reports  of  proceiiiliii^js  of  legislative  body  or  its  commiltoca 

are  privileged 3,  p.  231P,  §  1299 

memberi  of  Icj^idlaturo  absolutely  privileged  as  to  every- 
thing said  or  written  by  them  as  such 3,  p.  2307,  §  1233 

agreements  or  contracts  interfering  with  or  iutluencing 
actions    of    the    government,    legislature    or   public 

officers  aie  void 6,  p.  3993,  §  2393 

Legitimacy 

See  l*AUf    -     I'D  CaiLD,  1. 
Letter  of  Cxe  lit. 

8t;itu3  of,  vrlu;i  i,3gotiablo 4,  p.  23S2,  S  1450 

Letters. 

Sec  also  Porr-FiUB. 

prcperty  in  i)rivate  letters 5,  p.  37 4S,  §  2223 

contract  may  be  made  by  letter. 5,  p.  3743,  §  2223 

Levy. 

See  ATTAcnuENT,  5;  E.kecutioxs. 
Libel. 

See  Slander  and  Libel;  Immorality. 
License. 

See  Atporney.s,  1,  8;   Constitutional  Law;  Municipai. 

COKPOKATIONS,  3. 

license  to  retail  liquor  not  property 3,  p.  2145,  §  13j3 

statute  requiring  license  fee  from  owners  of  dogs  constitu- 
tional   3,  p.  2*77,  §  1371 

auctioneer  may  be  required  to  take  out  license 1,  p.    3GJ,  §    213 

unlicensed  auctii  neer  cannot  recover  commissions 1,  p.    3dS,    §  221 

sale  by  one  not  licensed  as  auctioneer  will  not  avoid  convey- 
ance to  innocent  purchaser 1,  p.    SGI,  §    213 

note  given  for  goods  sold  by  unlicensed  auctioneer  valid. .  1,  p.    3GJ,  §  213 
payment  of  license  fee  to  engage  in  particular  business  can- 
not be  recovered,  though  illegal 5,  p.  4222,  §  2559 

payment  of  water-liceuse  fee  under  threat  of  cutting  water 
ofT,  not  voluntary,  and  excessive  charge  uiiy  be  re- 
covered  5,  p.  4222,  §2559 

Licenses. 

what  is  a  license;  distinguished  from  easement 

6,  pp.  4351-4524,  ^§  2CG3-2773 

cannot  become  a  right  by  lapse  of  time S,  p.  4351,  §  2U1)8 

license  given  on  condition,  not  operative,  except  on  per- 
formance of  condition 5,  p.  4352,  §  26G3 


LICENSES.  CG29 

Licenses -(Coiitinuod.) 

hccaso    iiKiv  Lo  created  liy   parol,  except  under   statute  of 

,.       ^7.''f  ■; 5,p.  4r^5?.§eno3 

license  whidi  «ivos  use  of  land  must  be  l,y  cKcd 5.  p.  4:i,-,J,  §  JCCS 

expru.-s  licuiisu  not  .  xtonded  l.y  coiistruu.ii.n 5,  p.  43^-/  j  0(;^3 

not   c'xultisivo   to  licensee,    unless  such    intention    cl.Mry 

'*''""•" 5,  p.  4.r,2.  §  2(1(;3 

license  to  erect  l>ri<l-e  will  n  .t  extend  co  rebuilding. . .  .5,  p.  43ji',  §  '2GGS 
liecnse  to  erect  a   dam  for  temporary  purposes  ends  by   de- 

,      ^'-^yf  <'■"" 5,  p.  4352,§2GC3 

under   license  foi    erection   of  telephone   line,   no  riylit  to 

enter  private  property  and  cut  off  limbs  of  trees.  5,  p  43.-0  §  oqcs 

licenses  by  ntces.ity;  olTicer  of  law  with  process 5,  p   43.'/  §  -"cca 

entering  land  to  abate  nuisance 5     .  ^..^  g  ^^gj, 

persons  not  able  to  use  highway  may  pass  over  ad jni„i„. 

,.     !*."'' ; 6,  p.  4353,  §  2(iG9 

authorities  may  destroy  houses  to  prevent  spread  of  fire.5,  p.  4353  §  "COD 
shopkeepers  impliedly  license  public  to  enter  shop  to  exam-       ' 

ine  goods e        ^r..«  - 

.      ,.   ,  .   ^        5,  p.  4353,  §  2070 

implied  invitation  to  public  to  mter  one's  house  for  pur- 

poses  of  business  or  information  or  courtesy 5  p  4.^5t  §  oq-a 

custom  determines  limit  of  implied  invitation 5,  p   4354'  S  '%;o 

until  notice  given  of  owner's  withdrawal  of  invitation,  or' of 

chan-ed    character    of    place,    person    not    a    trts- 

.      ,.   p!:"^" 5,  p.  4354,  §  2G70 

implied  license  to  one  to  go  on  another's  property  to  rem.,vo 

goods  which  he  purchased  while  there 5   p   4'?';i   S  or.-Q 

to  get  goods  which  arc  there  under  an  express  license.  .5,'  p   i:io4   §  -liTO 
or  to  recover  his  i.roperty  which   has  been  wr  n^fully  car- 
ried there -         .„.,    ., 

,.  .  ,  5.  !>•  43j1,  §  2(J70 

license  from  mother   to  son  to  oi.cn  family  tomb  to  dci.usit 

corpse  of  .U ceased  son  implied 5    j)   4"5 1   S  "(-0 

where  per.-on   buihls  a  house  on  land  of  another  with  l.is     '^ 

con.sunt.  this  gives  implied  license  to  occupy  it.  .5    p   4"54   §  "G-Q 
o  license  to  take  htone  implies  license  to  draw  it  ca.ef.-.Ily 

over  grantor's  land g         .^.,    „„._. 

no  trespass  to  enter  man's  premises  to  obtain  settlement  of     ""^  '     "'" 

debt,  even  though  not  due 5,  p.  43-1  S  ofi-Q 

license  is  personal  to  licensee  and  cannot  b.  assigned.  .  .5,  p.  4;!5-,  s  o^j-j 
is  agents,  serv     ■  •  -       -  .     -   < 

ocable  at  will 
entitled  to  not 
le  of  ticket  to 

ment -         .„_,   „ 

SeoTuE.v..KS.  5.P.43...52C73 

license  to  enter  railroad  depot  revocable  except  as  to  persona 

iiiteuding  to  take  trains 6.  p.  4359,  §  2G73 


GG30 


LICENSES— L1E.N3. 


Licenses— (Continued.) 

iu  wliiit  niamier  is  and  may  liconBC  be  revoked C,  p.  4359,  §  2G74 

executed  license  canndt  be  revoked 6,  p.  43o0,  §  -G75 

■where  license  CDnncctud  with  gr.int,  it  cannot  be  revoked  bo 

as  to  defeat  j;nint  to  wiiich  it  was  incident 6,  p.  4SC0,  §  2G75 

license  cannot  be  revoked  where  licensor  has  permitted,  on 
tliu  faith  of  it,  licensee  to  go  on  nud  make  valuable 
iiniirovemcnfs  on  land 5,  p.  43G0,  §  2075 

license  ciiu{)led  with  interest  not  revocable 5,  p.  43G2,  § 'JG75 

licensor  assuniei  to   the    licensee   no  duty,  except  to  refrain 

from  a(  t.s  willfully  injurious  to  him 5,  p.  43C2,  §  2G76 

licensee  ii   bo^in  I   to  use  duo  care,  and  do  nothing  on  land 

that  will  be  injur  ous 6,  p.  43C2,  §2076 

express  license  exempts  li  ensee  from  daina;,'cs  for  injuries 
necessarily  reiulting  from  doing  act  in  careful 
manner 5,  p.  43G2,  §2076 

license,    whether    given   by    owner  or  by   law,  is  lost  by 

abusing  it 5,  p.  4302,  §2077 

diitinc  ion  Ijutween  license  given  by  law,  anl  litcase  given 

by  owner 5,  p.  4303,  §  2077 

verbal  license  by  owner  of  laud  to  lay  gas  pipe  through  his 

land,  irrevocable 2,  p.  1020,  §    573 

authority  (pf  wife  to  give  license  to  enter  on  land  of  hus- 
band  3,  p.  1318,  §    719 

duty  of  railroad  as  to  persons  on  track  by  license  or  cus- 
tom   3,  p.  2100,  §  1194 

right  to  pollute  water  may  be  acriuired  by  license 6,  p.  4SiG,  §  2054 

implied  pjwer  of  agent  to  license 1,  p.    lOlJ,  §     09 

Liens. 

of  attachmett,  see  Attaciimknt,  5. 

of  garnishment,  see  (!.\I!NIsiimknt. 

of  partner,  see  TAnTXi  Ksiiii-,  G. 

1.  Liens,  Lr.i;  \l  and  KyL'iTAni.i;  oi:neually. 

2.  Liens  in  Pauik  ular  Uklations. 
1.  i,((«.s-,  Lirjiil  ami  E'lHitnhk  (jeneralli/. 

common-law  liens  duliued;  arise  by  operation  of  law. ...0,  p.  50.03,  §3093 
mere  creditor  having  in  hi4  p  issession  speoilio   articles  Ijc- 

longiiig  to  debtor  has  no  lien  upon  tlieni 6.  p.  5034,  §  30D3 

person  who  has  advanced  money  to  another  to  carry  on  liusi- 

noss  has  no  lion  upon  proceeds 6,  p.  5034,  §  3093 

policy  of  law  is  against  secret  liens  and  charges 6,  p.  5034,  §  .31)93 

law  estuljlishea  liens  in  order  of  jriority  of  acquisition.  .6,  p.  5034,  §  3093 

general  and  particular  liens  distinguished G,  p.  .'>034,  §  .3093 

common-law  lien  is  lost  if  possession  is  surrendered. . .  .6,  p.  50.34,  §  .3u;i.{ 

aliter  as  to  maritime  or  equitable  lions 6,  p.  5035,  §  3093 

attemjyting  to  retain  property  otherwise  than  as  se- 
curity.  6,  p.  5035,  §3093 


3093 


LIEXS— LIFE  IXSCRAXCE.  CG31 

Liens— (Cont':!ine(1.) 

party  refusing,  upon  fleman.l,  torleliver  up  property  witTiont 

setting  up  any  liuii,  tliere])y  waives  i  ij,'ht 6,  p.  5035,  §  3093 

remedy  of  one  from  whose  cust...ly  ii  wrongfully  taken 
property  on  which  he  hxt  lien  is  l)y  an  action  to  re- 
cover posses-ioii  or  for  wrongful  cuvt-raion 6,  p.  5035,  §  3033 

creditor  who  has  lien  on  two  fuiuU  will  l.e  conipulleJ,  as 
against  lienor  having  claim  on   only  one,  to  satisfy 

his  ikbt  from  otlier  f niul q^  .,    r,  «-   ^  .^q^^ 

one  cannot  waive  lien  of  which  he  lias  no  knowk.lge.  .  .0.  p.  no.'C)!  jj  :{i)!);j 

equitable  liens  d  fincl;  when  do  tliey  arise 6,  p.  5  KT)'  §  ;{()!) t 

illustrations  of  eipiitable  liens q[  j,    r,y;{-,'  g  '^^,',^^ 

lions  may  be  croated  by  express  ai:reei/K nt G.  p.  5  ).;\  S  .'<>  il I 

under  statute  not  airected  by  r»p.  ;il  of  statute 6^  p.  OUIO,'  g  3090 

where  reward  is  olb  n.l,  (inder  lias  lien  on  it,  and  may  ret  .in 

article  until  reward  is  [laid 3,  j,   •2:i01,  S  1313 

one  has  no  lien  on  animal  fur  dam  i''e  done  by  it  3    1,   "17s   s  i!-> 

Within  admiralty  jurisdiction,  preserver  of  property  has  lien 

on  it  for  services 3    j,   ^liSl,  §  1310 

action   will    lie    f.,r    maliciously    asserting     a    lien    upon 

e°"''« 3,  p.  2'-'90.  §  1279 

2.  Liens  in  Parl'ciilnr  lii  lution. 

mechanics'  lien  by  statute Q,  p.  5039   §  3000 

lien  of  landlord  on  crop q    j,   504,,^  g  -^y^Q 

lien  of  landlord  for  rent 6_  j,  4,;oo^  jj  osi'O 

of  person  furnishing  water  for  irri^jation 6,  j..  4(;00,  §  -JSL'O 

on  animals  taken,  dan;  ge  feasant 6,  p.  4(;0;).  §  -JS.'O 

lien  of  artisan  or  workman e,  p.  5040,  g  31197 

lien  of  attorney q        5(I4"{   ><  '{rios 

lien  of  auctioneer q^  j,   ^j^y]  g  .j(,yg 

lien  of  banker 2,  p.  STC,  §  5 13;  6,  p.  51117,  §  310) 

lien  of  carrier 4,  p.  -jj,j_  g  |,j.-,;j.  q    j,    r,„4^_  j;  ;{,,jj 

lien  of  factor 0    j,    .-,„5,_  g  .j,,,., 

lien  of  innkeeper 0,  p.  5i)5l,  S  3103 

lien  of  warehouseman q   .,    r^[)-y\\   .-<  ,'(|04- 

venilor's  lien,  realty q    p    r^^^y;^   g  ;{|,j- 

ven.lor's  lien,  personalty q   ,,  5  kj  »[  g  .-j  1  ()(} 

vendee's  lien O.  p.  5(lliL',  g  3107 

lien  of  partnership  creditors  fur  1  aymcntof  debts 2,  p.  Il'Oj,  §    GSl 

alimony   may   be   declared  a  lieu  on  real  property  of    hus- 

'^•■^"'^ 2.  p.  1455,  §    703 

corporation  has  no  lien   on  share?  of  stock  for  a^se-snieiits 

or  other  debts  of  stockholders 1    i).    771    s    4^5 

Light  and  Air. 

See  Ancient  Lights;  Easemests. 
Life  Insurance. 
See  LNsuuAiNCE. 


GG32  LIQUIDATED  DAMAGLS— LIMITATION. 

Liqxiidatcd  Damages. 

See  l)AMA0t3. 
Limitation. 

in  suit  on  insurance  policy,  see  I.NSunASCK,  3;  sco  also 
Mdktcjaoes,  3. 

statutes  of  liuiitatioa  must  be  specially  pleaded 7,  p.  5455,  §  3470 

li.nitation  on  action  as  to  time  regulated  by  law  of   what 

states 7,  p.  CSC9,  §  3733 

debt  barred  by  statute  of  limitations  or  by  operation  of  law 
not  alTecting  ri>;bt,  suiDciuut  consideration  fur  new 
promise  to  pay  it 5,  p.  377' ,  §  2249 

extinguishment  of  pledge  by  limitation 4,  p.  3043,  §  1777 

face  of  bank  bills  not  evidence  of  date  of  issue;  statute  of 

limitations  does  not  apply  to  them 2,  p.    9C7,  §    530 

u  soon  as  the  mortgagee's  possession  becomes  adverse  to 

mortgagor,  period  of  limitation  begins  to  run. . .  .6,  p.  5013,  §  30S4 

.ight  to  foreclose  mortgage  barred  after  lapse  of  time  witliin 
which  an  action  at  law  might  be  brought  for  posses- 
sion of  property 6,  p.  5010,  §3083 

rtatute  of  limitations  as  again&t  cenlui  begins  to  -    i  from 

time  trust  is  repudiated  or  diEcluimei  by  trua.ee. 4,  p.  3477,  §  2030 

in  cases  of  constructive  trusts,  statute  ruus  against  cestui  que 
ti-uxt  from  time  he  has  acquired,  or  might  have  ac> 
quired,  knowledge  of  fact  upon  which  trust  is 
founded 4,  p.  3477,  §  2030 

to  enable  trustee,  without  giving  up  possession,  to  turn  it 
into  adverse  holding  ajjainit  ccntiii,  evi<lence  must  bo 
clear,  aud  adverse  claim  must  be  brought  home  to 
cestui 4,  p.  3477,  §  2030 

trustee  may  plead  statute  of  limitations  or  not;  if  he  fails 
to  do  so,  those  for  whom  he  holds  property  have  no 
rij^ht  to  do  so 4,  p.  344S,  §  2022 

promise  of  executor  no  bar  to  statute 3,  p.  1C8G,  §    9G3 

statute  d<  es  not  run  in  favor  of  adainistrntor  so  as  to  bar 

distribution  and  legacies 2,  p.  1GS7,  §    903 

statute  of  limitations  when  reasonable  may  be  applied  to  ex- 
isting contracts 7,  p.  G090,  §3870 

right  barred  of  statute  cannot  be  revived  by  retrospective 

legislation 7,  p.  G091,  §  3S70 

defense  by  statute  of  limitations,  a  vested  right  which  can- 
not be  impaired 7,  p.  G09I,  §  3S70 

gnardian  is  "discharged"  within  statute  fixing  limitations 
of  actions  on  guardians'  bonds,  when  he  has  settled 
his  account,  aud  been  ordered  by  probate  court  to  pay 
over 2,  p.  1573,  §    875 

promise  or  acknowledgment  of  debt  by  partner,  after  disso- 
lution, or  part  payment 2,  p.  1234,  §   670 


875 
670 


LIMITATION— LOST  AND  DESTROYED  INSTI:UMENTS.        CG33 

I.imitation  -  (Ccin  tinucil. ) 

•Ututory  limitations  aa  to  tiino,  governing   presentation  of 
claiiiii    a-aiiist    nstutj,    do   not   ai.ply  to   nioit-.jjo 

-,       ''^''',7 °2.  §  1704,  §  1001 

alter  war.l  becomes  of  ii^o,  cau.se  of  artion  i.s  tluii  romi.Ietu 

ana   iijust   liiiig  suit  williiu    time    liinitta  by   atat- 

"*°,  ••;•: 2,  §1G0G,  §    883 

general  suhmi^sioa  to arlntiatiou  will  not  revive  claim  barrea 

,    ^y^t'-^t''^^ 6.  ,,.  5L'S2.  §  3321 

■uLmssionof  si-ecilio   claim  barred    by  time   will  revive 

,    ''•.••'•; 6,  p.  52S2,  §  3321 

fubmission  of  matters  on   Mliidi  arbitrators  never   acted 
would  not  j.revent  running  of  statute  during  continu- 

ance  of  submission q    ,,   5052   ^  33'»1 

Btatute  of,  does  not  apply  to  state  or  g(,vcrnnieut  unless  ex- 

I^PendJr"'""""' 7,p.CO»,,S3s:0 

Stocks  are  articles  of  commerce;  doctrine  of  constructive  no- 

tiee  l)y /,«  ;>c;«Zi';/5  uot  apidicable  to  them 1    p     771    S    4R4 

lavery  Stables.  •  •  •   -i,  p.    //i,  9    404 

when  a  nuisance 6,  p.  4SG7,  §  2904 

ordinary  care  required  of  livery  stable  keeper 4,  p.  2yjU   g  1729 

Itcan. 

See  BAifMENT-i,    2;    Buildin'o  and  Loax   Associatioks; 

Pledge. 
implied  power  of  bank  to  loan  money  and  discount  notes 

,      .  2,  p.  S:)9,  §511;  2,  p.    0.^4,  §    529 

a-ithority  of  wife  to  lend  property  of  husband 2.  p.  I.TIS,  §    719 

child  cannot  lend  parent's  goo  Is 2,  p.  1408,'  §    827 

implied  power  of  a^-cnt  to  make  h)an l|  r,.    loc!  §      ri9 

cnstruotiou  of  «•  loan  "  in  authority  to  agent l'  p,      93   §      C3 

liObbyist.  ■  •  ■  >  f         . 

cannot  recover  compensation  for  services In     IM    8      or 

••Local  Option."  '  ^'         '^ 

v.did.ty  of  "  local  option  "  laws 7,  p.  CS94  n,  §  ;  753 

I<oaging  Houses. 

See  IxNKEKi'Kns. 
Lo^.     See  Watkus  and  WATEr.-coritSES,  4. 

I"-driving  comjiany  is  not  a  common  carrier 4.  p.  30S3,  §  1792 

Lost  and  Destroyed  Instruments. 

S  e  Wii  I.s. 

where  de.,1  has  been  lost,   execution  of  another  may  be 

''""'"^'^ 5.  p.  3S77.  §  230G 

corporation  which  has  issued  negotiable  cerftuMtos  for  extra 
divi.lcn.l,  c.innot  refu.se  to  jmy  stockliMMcr  nnmunt 
of  lost  certificate;  m:iy  protect  it-elf  by  exactin-  in- 
^'"""'^i^ i.p.    7So,§   474 


6G34     LOST  AND  DESTROYED  INSTRUMENTS — MAINTENANCE. 


Lost  and  Dastroyed  Instruments  -(Continued.) 

Laiik  is  li:il)!o  for  hills  wliicli  iiro  (lL'st'(iyt.<l,  iiftor  Ijoinq  put 
ill  circulation,  l>y  iire;  niutilatina  of  b.inli  notes  liy 
tiiin',  acciiliMit,  or  alter;itii)n  of  iiumljcrs  dots  not  jire- 
clulo  recovery 2,  p.    DCo,  §    53G 

depositor   who   li:is  lost  book   ciiiinot  recover  de[iosit  from 

biiik  witlioiit  olFering  in  1 -iiia  ty 9,  p.    930,  §    523 

total  dcstriK'tiou  of  liank  note  c!c;irly  c.stalili.ihel,  liank 
b('Und  to  jiay  list  holder  or  owner  amount  of 
it 2,  p.    9C5,  §    536 

tlie  loss  of  certiticatcs  of  stock  being  e.stabli-ih'Ml,  corporation 
cannot  refuse  to    iss-uo  now  certificates   oa    gruunj. 

tliat  bond  uf  iudemnity  was  uot  furuislied 1,  p.    7-S,  §    433 

Lost  Property. 

liiidor  of,   entitled  to  keep  it  against  everyone  but  Iruo 

ouner 3,  p.  2300,  §  1313 

for  lab'irand  expcn-es  bestowed  by  the  finder  upon  the  jjrop- 

erty,  he  may  recover  of  owner 3,  p.  2391,  §  1313 

finder  of  property  entitled  to  no  reward  unless  owner  has  ex- 
pressly olFcre  1  (me 3,  p.  2391,  §  1313 

where  reward  is  ofl'ercd  lindor  has  lien  on  it,  and  may  retain 

article  until  reward  is  paid 3,  p.  2301,  §  1313 

finder  bound    to  take  reasonaijle  caro  ot  the  property.  ..3,  p.  2301,  §  1313 

fiuder  has  right  to  call  upon  person  who  claims  to  be  owner 

to  identify  property 3,  p.  2.301,  §  1313 

what  is  and  is  not  lost  property 3,  p.  2302,  §  1314 

where   one  1  ses   pro[)erty,  there  is  implied    reijuest  to   every- 
body to  aid  him  in  recovering  it 5,  p.  37S3,  §  2202 

finder  of  stray  animal  no  right  to  use  him 3,  p.  2-llX),  §  13S0 

one  who  finds  stray   horse  and    uses  it,  knowing  owner,  is 

liable  for  its  value  if  it  die  while  in  his  hands. .  .3,  p.  13S0,  §  2490 
eo  where,  not  knowing  owner,  lie  injures  it 3,  p.  13S0,  §  2490 

owner  of  an  aninal  taken  \\]>  V>y  person  knowing  ownership 
may  replevy  him  withcmt  tendering  costs  and  ex- 
penses  3,  p.  13S0,  §2490 

Lotteries. 

state  m.ir  prohibit  lotteries 7,  p.  C1C9,  §3912 

lottery  t.ckets  may  not  be  insured  where  lotteries  are  i)ro- 

hibited  bylaw 5,  p.  349j,  §2043 

Lunatics. 

See  l.v SANITY. 
Machinery. 

jarring  uf  machinery,  when  a  nuisance. 6,  p.  4S72,  §  3003 

Magistrate. 

See  J r DUES. 
Maintenance. 

See  CuAMFERTT. 


MALICE — MALICIOUS  riJOSECUTION.  GG35 

Malice. 

See    CAKi:n:K.s;    Master    and    Servant;    Slanler    avd 
]-iiiH:r.. 
Malicious  Prosecution. 

action  hca  in  ctucs  of  wrongful  criminal  pros  ccnt;.>n 

„,...,.,,  3,  i.p.    Ks,-,!,  1S.72,  §  lOSO 

and  in  c.v.l  .lut.  Ml.ero  srecial  injury  ace.  „i.Hni,s  it. 3.  t,.  1^5->  ,^  lo>l 

as  where  (lef»n.l;int  is  anvstca 3         isv'%  losi 

or  lis  ,,r.,,,ertyi.  attached '.''''.'.'.' 3.  y.  l^:,^  W^l 

malicious  vrosfcutu.n   of   civil   cau«e     without    aiic.^t    or 

..  ''""^'""^"* 3.  J..  ]<=.-.-,,  5  lr82 

action  not  allowe.l  ill  Knglaud ^^  j,    ,s;-,-,   g  ,y.^., 

nor  in  U..ited  State,  in  many  states .'..'.".".'."  .3'  t.'  Is.v.'  §  los^ 

action  reimitl.  din  others 3,  j,  ls3,;,  Is."' s  jus^ 

commencement  of  luosecution  must  he  proved    3   ,,    1.S.-9   g  ,054 

termination  of  prosecution  must  be  proved 3,  p.  ISGO-lSw'  §  1()S.3 

wliat  IS  ternuuation  of  prosecution 3,  j,    m,;,^  g  ^^^f^. 

what  is  not  termination  of  prosecution [       3   ,,'  isn^'  s  j,  Cj 

prc^.d^o  cause  delined 3,  ,.  IS^i^,  §  WSO 

Mha    IS  prohabe  cause 3,  pp.  Is.MS.;:,  §  ,OS0 

v^hat  ,8  not  probable  cause 3,  ,,j,  ,,SGG  18(;9.  g  lOSG 

good  faith  and  honest  belief  immaterial..... 3,  p.  j.^;)    §  jo^y 

irrelevant  jurisdiction  of  court  immaterial 3   p   1^71 '  §  108  J 

guilt  or  iiimcence 3'     '  j  j^-.,'  „  ^^^^ 

Mitlicieney  of  charge  irrelevant [[['.Z'.'.  .3.'  p."  1S7.^,'  §  joao 

personal  knowledge  by  pro.secutor  unnecessarv 3,  p    IS'S   §  JOOl 

subsequently  discovered  facts  irrelevant .3,  pp.  Ls75    1S7(;'  g  U0> 

when  judicial  proceedings  evidence  of  luobable  cause  .  .3,  n    lS7n'  S  Um 

finding  of  true  bill..   3,    ,    1870',  g  1093 

binding  over  by  magrstrate 3,  ,,  j^-^^  g  ,,,33 

Jiulgment  of  conviction  reversed  on  appeal 3    p    is7(;   §  109.-} 

%vhen   judicial  proceedings   evidence   of   want   of   j.robable 

n.     '^T^^'n"■ ■■••. 3.  p.  1S77,  §  1094 

acquittal  after  investigation o  „    ,0-,   ^  ,,,„, 

discharge  by  investigating  magistrate 3,  p    jj^;;   §  ,^9^ 

igm.ring  of  bill  by  grand  jury 3    p   j^--'  g  ^^^,^ 

discharge   from    prosecution  by  tiolle  prosequi   not  evidence 

of  want  of  probable  cause 3   _   ,0-0   0,^0, 

-  .,  ,  "1  p.  10/ S,  S  IOU-4 

nor  failure  of  iiroceedings   to  declare  plaintiff  a  bank- 

?'''; ••■;■; 3,  p.  1878,  §  1094 

nor  abandonment  of  the  prosecution 3   p  jgjjj  g  ^qq^ 

evidence  of  his  good  character  and   reputation  aduVissible 

on  his  behalf o   „   ,q-o  «  innr 

V    .       .    ,         ,        .    , "•  P-  1S/9,§1095 

but  not  character  of  plaintiff  after  the  prosecution.  .3,  p.  1879,  §  1095 
evidence  of  character  of  plaintiff  admissible  in  miti.'ation 

'^^^'''^li'' °3,  p.  1879.  §  1095 


003G 


MALICIOUS  rnOSECUTION. 


Malicious  Prosecution— (fontimiud. ) 

gciifnil  cliiir;u't»r,  inpt  i.artiLuhir  a  ts,  admissible 3,  p.  1S70,  §  1093 

cviJuncc  of  cliiiriictcT   and  riiiiit;it,i.)ii  ot  jdiiiiitiir,  when  ad- 

iiiissiblf  in  action  of  nialiuioua  jirosicution 3,  p.  ISTO,  §  1095 

advice  of  counsfl  us  a  defense    in   action  of  niaiciouH  pro.se- 

cntion 3,  i>i..  1\S0  1SS7,  §  1090 

mali<'0  must  lie  proved 3,  p.  lS->7,  S  l<>97 

malice  defined 3,  p.  1SS7,  S  1097 

milieu  need  not  he  proved  in  aiition  for  false  arrest. . .  .3,  p.  18S9,  §  1097 
evidence   to  show  malice  ia   action  of  malicious  prosecu- 
tion  3.  p   1SS9,  §  1008 

what  is  and  ia  not  evidence  of  inalicc 3,  p.  1891,  §  1093 

may  he  inferred  from  want  of  prohahle  cause 3.  p.  IbSJ,  §  1093 

all  persons  concerned  in  orij^inating  and  carr^'iii;:;  on  mali- 
cious prosecution  arc  juintly  and  severally  liahlc.3,  p.  1S93,  §  1099 
distinction  between  instituting  pro  ccntion   and   attending 

liearing  upon  pro.'ecution  already  commenced. ..  .3,  p.  1895,  §  1099 

liability  of  attorney  for  malicious  jjrosecution 3,  p.  1S'J3,  S  1099 

graud  jurors  not  li;ihlo    to  action  for  information  given  hy 
them    to   fellow-jurors    on    which    iircsentment    ia 

founded 3,  p.  1S9j,  §  1099 

action  will  lie  for  advising  and  pr<icnring  third  person  to  in- 
stitute a  niiilieious  prosecution 3,  p.  1SD7,  §  1099 

action  will  lie  against  juilgc  for  maliciously  conspiring  with 
others   to  institute   in   his   court  malicious  pros  cu- 

tion 3,  p.  1S97,  §1099 

proof  that  one  malijiously  made  aflidavit  in  attachment,  will 

render  him  liable  for  rrsulting  injury 3,  p.  1S97,  §  1099 

liability  of  prosecution  for  a  judicial  error 3,  p.  1>9S,  §  1 100 

attorney  personally  liable  for  malicious  attachment. ...  1,  p.    2')>S,  §    1,15 

for  arresting  person  on  unauthorized  writ 1,  p.    2oS,  §    155 

knowledge  that  prosccuti(  n   was  malicious    and    Mithout 

cause 1,  p.    259,  §    1 53 

corporation  liaiile  for  malicious  proscnition 1,  p.    035,  §    ."07 

iufaut  not  liable  for  malicious  prosecution  of  suit  by  his  next 

friend 2,  p.  15:0,  §    S34 

one  partnt!    not   liable  for  malicious  prosojution  by  his  co- 
partner  2,  p.  12CS,  §    C52 

burden  of  proof  of  want  of  probable  cause  in  malicious  jirose- 

cution  on  iduintitf. 3,  p.  ]?.0?,  §1101 

burd'ii  of  jir  of  of  malice  on  jilaintid" 3,  p.  l'J03,  §  1101 

question  of    probable  cause  in  DMlieious  prosecution   for 

court,  except  whore  facts  are  disinted 3,  J).  1903,  §  1102 

whether  prosecutor  acted  ioiia  lidc  uj)on  o;iinion  of  his  coun- 
sel, for  jury 3,  p.  1905,  §  1102 

BO  whether  statement  to  counsel    was   full    and  fair   stato- 

meut 3,  p.  1905,  §  1102 


'.  1ST9,  §  1093 

'.  1879,  §  1095 

>  18S7,  §  1090 

■  1'S^7,  g  1007 

•  1SS7,  g  J  097 

1SS9,  §  1097 

1SS9,  §  1098 
1S91,  §  1093 
IbSJ,  §  1093 

1S93,  §  1099 

ISno,  §  1099 
1SU3,  g  1099 

1S9j,  §  1099 
ISD7,  §  1099 

SD7,  §  1099 

S97,  §  1099 
^98,  §  1100 
2").s,  §    1.15 

-''S,  §    155 

2">9,  §  15.3 
535,  §   307 

>-0,  §    834 

'^S,  §    C52 

0?,  §  1101 
03,  §  1101 

03,  §1102 

05,  §1102 

35,  §  1102 


MALICIOUS  rnoSECUTION-SLUNDAMUS.  6037 

Malicious  Pro3ecution-fConti„„ed., 

«o  wlietlur  atforn.y  was  a  i.rot.ern.K;,., 
^^^f^"^ofn..n.eU^^j:^;:f^ 3.  p.  ,n05.  §  ,,0. 

«vMe„ce  m  acUou  of  ,„alic,oua  pro.i.Uon.':. ." ! ;;;  ::::^'  ^^  '"^^.  §  J'^-' 

Malpractice.  ^'  V'  1^00,  §  1103;  3,  p.  loio  §  uq^ 

•ittanaamus. 

«W„««Mlefi„erJ,  nature  of  the  writ 

federal  courts  in  issuim'r  writ  rm",f " "  "*"  '  1 '^' I''  ^''^^^  §  40-.'7 

^il-e  to  .„ako  return  CL        i^  ^^^'^  T'^'^--'''  V-  0330!  §  4u2 
to  I'l-a.l  at  Jaw  "''"'''^'^"   *''*  8""«lar  to  failure 

'|eman,l  an.I  refusal  not"„:.  "esVary;  wi,e„' I  i''  ^'■'^^'  ^  ^027 

"   w hat  ca.s.s  wi„  ..,,t  not  be  i.«ue.l        ^' ^^  '''' '  ^  ^"^''^ 

w.     he  to  compel  performance  of  miniat.'ri'.i  'i  ";• ^'  ^'^  *^-*'''  §  -*"'» 

-^  -  lie  to  em,pe,  p.._::-t:;:^^^^^^^ 

will  lie^  t.  ^eom,^  the  piin^n^e'  ;f "  iluty  l,,' ^.L^"  '''''  '  '^''^^ 

Z-u  ^'Vl-  *■'''"''  ''^'''  ""lawfully  remoVed Z'  ''  ^'■^'^^'  §  ^"•" 

will  not  he  to  try  title  to  office  ^'  I^"  «•''*'.  §  4031 

in  case  of  private  corporation,  m^i,d'imu^  '^""- ''•  ^^  ^^^^'  §  *^'^^ 

petition  against    i.Pr..  '^  issue  on  its 

fices °"";^'    P^'-^""^     clauningto     hold   its   of- 

not  lie  a^jain.t  governor  or" execuiiVe  or  Vtaie.".'. '''  ^"  ^^^^'  §  '*^^' 

'^"l  lie  to  compel   inferior  court  to  ac!' luf  ^ ''";.'^' P"  ^^'"' §  3784 

jurisdiction '"  '^^^  *'""«  its 

to  enforce  party's  right  "to  Lppeal '^' ^-  ^^^^'  §  4(t32 

Will  not  he  to  control  judicial  di^c"retio"n  of  •■<•■■• ''''  P"  ^•^'^^''  §  '»032 

-     lie  against  puhlic^corporatrstj Ict"^  ^°"^^-^'  P'  f  ^«.  ^  ^032 

w;     he  aga.i.Ht  school  officers  when  ^^  P'  ^•'•^'''  §  ^033 

wi     he  to  restore  members  illegally  exi.li/e;; T'  P'  ^^'^^  ^  4034 

Willnotlietorevicwdiscretionof  cLrrnt  ■■■  ■'•■;-"^'  ^^    '''^'  §    ^» 
to  the  bar °  refusing  admission 

will  lie  to  restore  atto'rney  inVp'roDcrjJ'.lVJ  * ' '  '," ^'  P*    ^^''  §    ^27 

lies  to  restore  member  of  ben^^^lenV  "s'od;;;'  'in  " "  i;  ■•^'  P"  ^^'^'  §    ^'^ 
peiuled society  illegally   sus- 

will  not  he  against  bm'ldin- as'soViation'  V/  "• ^'  P'  ^°^^'  §    C07 

member  s  stock ....      "''='*^""'  "^"^'^S  to  transfer 

fa  not  proper  reme.Iy  to 'compel  pavm"o"n"t'«f  "r* ' ', " '  V  ''^'  ^'  ^^^^-  §    ^84 
LAwso.>rR,&R._4„3,  ^^^^  Payment  of  dividend ....  1,  p.    750  §    474 


GG38 


MANDAMUS — MARK. 


Mandamus —(Continucc!.) 

court  will  coiniM'l  l)y,  olFiccra  of  corporation  to  accord  riglit  to 

cxaiiiiiiu  liouUa  to  tlie  Btipckluililcr.s 1,  p. 

attornry  j^ciieiivl  imt  coiii|ielle(l  l>y,  tn  insliUilo  biiit  for  fur- 

feitiiro  of  ch.vrttT  of  cori)nr:iticiu 1,  p. 

will  uot  liu  to  coiniiel  rulij^iotia  Hociuty  to  rialuru  to  iiiuiiilitT- 

sliip  Olio  who  haa  Icon  expuUttl  liy  a  dtcri e  of  iliuich 

jmlitatory 2,  p.  IK'.),  §  GKi;  2,  p. 

will  lie  to  coiniicl  ollkcrs  <jf  corporation  to  luako  tniusfcr  of 

Btock  oil  its  bodka 1,  p. 

carrier   may   lie  coniptlkil   by  inan-'.umus  to   carry  jjoods 

ofTered  to  it 4,  p. 

where  power  to  lictnso  vested  in  Ltuird,  its  decision  will  not 

bo  coiitrnlled  by 7,  p. 

tnanddwui  will  not  lie  to  compel  admission  of  claimant  into 

diaputtul  oflioo 7.  p. 

will  lie  a;^aiii8t  (illicers  of  jirivute  curporationa 7,  p. 

requisite  parties  to  maiitltimu*  proeeedinga 7,  p. 

pleading,  practice  in  VKOiddiiiiiH  proceeduigs 7,  p. 

maii(hnnun  must  be  brought  in  name  of  slate 7,  p. 

in  what  cases  must  relator  bhow  special  intertst 7,  p- 

rules  of    pleading  as   to  declaration   apply   to  altcinativo 

writ 7,  p. 

writ  cannot  be  amended  to  bhow  new  cause  of  action  .  .7,  p. 

pcremplory  writ  must  follow  alt'  rnative  writ 7,  p. 

on  appeal  in  maitdavius,  alternative  writ  must  be  set  out  in 

record 7,  p. 

defendant  nnist  jilcad  special  denial,  or  in  confessinn  and 

avoidanca 7,  1». 

Manure. 

when  lying  on  ground  is  personalty 3,  p. 


7S7,  §   475 
817,  §   COO 

11 '27,  §   C20 

775,  §   4CG 

3091,  §  1797 

CICO,  §3011 

COn,§  3S1S 
0337,  §  4035 
G33S,  §  4030 
G33S,  §  4037 
G.i3S,  §  4036 
0333,  §  4036 

C333,  §  4037 
(;.33S,  §  4037 
03o9,  §  4037 

0339,  §  4037 

0339,  §  4037 


2442,  §  13t7 
'2H'2,  §  1317 
43SS,  §  'JG91 
43S!),  §  2091 
43S9,  §  2091 
23SJ,  §  1310 


aliter  as  to  f.irni  manure 3,  p 

when  made  in  course  of  hu.'-baridry  is  realty 6,  p 

aliter  where  on  land  not  agricultural 6,  p 

when  manure  may  be  removed  by  outj:oing  tenant 6,  p. 

right  to  manure  left  in  highway 3,  p. 

Manuscripts. 

drawings,  manuscript.'^,  Ictt'  rs  and  newspapers  are  personal 

pro] .erty 3,  p.  2444,  §  1351 

Marine  Insurance. 

See  Is.suRA.NCK. 
Maritime  Law. 

See  Admikalty;  Snirs  AND  Suifpiko. 
Maritime  Torts. 

See  AuMiKALTT. 
Mark. 

signing  by  mark,  witnessed  or  unwitnessed,  is  8u{Bcient.4,  p.  2G04,  §  14G5 


7S7,  §  475 
817,  §  COO 

I1C7,  §  C20 

775,  §  4CG 

5091,  §  1797 

31C0,  §3911 

;011,§  3S18 
mi.  §  40:J5 

):i;i8,  §  4037 

;;!3S,  §  4036 
lo33,  §  4036 

1333,  §  4037 
33S,  §  4037 
3^.9,  §  4037 

339,  §  4037 

339,  §  4037 

442,  §  1317 
142,  §  1347 
;{SS,  §  2091 
JS!),  §  2091 
589,  §  2091 
333,  §  1310 

144,  §  1331 


m,  § 14G5 


MAnKETS— MASTER  AJfD  SERVANT.  C(J39 

Markets. 

s. ,.  MrvirrrAL  ConroRATioxs,  3. 
Markets  Overt. 

Marria'''^  "''*'''  "^^  °°*  ""* '°  "'°  ^'"''"'^  ^^''^^ °'  P"  ^^°^'  §  "270 

S.e     CoNSTITrTIOVAL    T.AW,    9;     ncSBAiJD    AUD    WlFZ,    1; 
Sr Ml  IK  OK  KltACUS,  3. 

Marriage  Settlements. 

Sir  III  SHAM)  AMI  Wife,  G, 
Married  Women. 

Set;  111  SUA. su  A.\D  Wife. 
Marshaling^. 

"f  .securities,  8CC  MOKTOAOFS,  4. 

n.'^s  :is  t..  mar.haliu^  a^acts n         ^533  g    gjg 

Master  and  Servant. 

Si-e  Kailhoai.s,  (i;  .Seduction;  CARniEua. 

1.  TllK  COMKACT  OK  SeuVICE. 

2.  l)lsri|AI!(;E  OK  SkKVANT  AND  DlRSOIXTIOX  OF  CoNTltACt, 

3.  LiAHiiiTv  OF  Mastki;  to  TlMltD  I'ElUO.Nd. 

4.  LiAi;i;,i,     OK  Masikr  TO  Seuva.nt. 

r>.    T.fADII.ITV  OF  SkUVANT. 

1.   'J'/ti;  Cuii'nict  oj  Service. 

who  are  serva,.l8 j  ^^^  ^.-Jl 

nccl  not  hem  writing j^  p  4^„g  240 

infant «  contract  of  service  valid  when i,  p.  440,  §  040 

that  8'.Tvices  were  rendered  implies  promise  to  pay 1,'  p.'  440,'  §  241 

right  of  intruder  to  recover  for  services 1,  pp.  441.440]  §  042 

right  to  recover  for  services  rendered   through    fraud  or 

.^..^"■•^^^ l,p.  442,§  243 

right  to  recover  for  ill..g.il  or  immoral  services 1,  p.  443^  §  244 

promise  to  pay  inij.lied  from  request 1'  p.  444]  §  345 

exception:  recjuest  without  henefit l,'  p.  444'  §  046 

services  rendere.l  in  expectation  of  leg.acy l[  p*  444]  §  247 

preMimptiou  that  services  are  rendered  for  Lire l'  p'  445'  §  248 

e.xception,  near  relatives 1,  pp.'4i5-447,' §  249 

contract  for  certain  thing  or  certain  term  an  entire  contract, 
and  when  not  completed,  servant  can  recover  notli- 

.     "'» 1,  p.    447,  §   250 

contract  to  teach  a  school  certain  time,   an  entire  con- 

„     ,     t'"-;)'^*':-- • l,p.    447,§   250 

contract  to  paint  a  certain  number  of  pictures  an  entire  ccn- 

*'■"''' • l.p.  447,§   250 

presumption  may  be  rebutted  by  evidence l,  p.  447  §    250 

•ervi.ut  abandoning  contract  before  end  of  term  cannot  re-' 

cover  for  time  served j,  p,  443.  §    251 

exceptions:  <jua»tum  mervit  recoverable  where  before  end 

of  term  master  abandons  business 1,  p.  450  §    252 


6G40 


MASTER  AND  SERVANT. 


Uaster  and  Servant~(Continuetl.) 

wlicre    bufo»e    end    of    term    servant    is   wrongfully  clia- 

niisscd 1,  p.    430,  §   232 

where  complete  ptrfi)rmanco  prevented  by  aci  of  God— as 

sickneis  or  ileatli 1,  p.    4;')0,  §    2.")2 

by  act  of  the  law 1,  p.    4.")0,  §    2.')2 

hours  of  labor  depend  on  custom  of  trade 1,  p.    432,  §    233 

servant  may  refuse  to  work   buyoml  hours  fixed  by  stat- 
ute  1,  p.    433,  §    233 

servant  cannot  recover  for  working  extra  hours 1,  p.    453,  §    234 

exception:  when  servant   may   recover   extra   compensa- 
tion  1,  p.    453,  §    234 

servant  not  obliged  to  work  on  Sunday 1,  p.    454,  §    253 

not  entitled  to  extra  pay  for  working  on  Sunday 1,  p.    454,  §    253 

servant  hired  for  one  service  may  refuse  to  work  at  different 

service 1,  p,    454,  §    256 

unless  new  service  was  one  contemplated  in  contract  of 

hiring 1,  p.    454,  §    236 

asage  may  show  service  required  of  servant 

1,  p.  455,  §  236;  1,  p.    457,  §    257 
servant  cannot  recover  compensation  for  performing    in- 
creased duties 1,  p.    435,  §    257 

contract  of  service  is  personal  and  cannot  be  delegated.  1,  p.    43S,  §    233 
servant  cannot  be  compelled  to  make  up  for  lost  time. .  1,  p.    43S,  §    239 

hiring  without  any  fixed  term  is  a  hiring  at  will 1,  p.    4o0,  %    2G0 

unlimited  contracts  for  personal  service  may  be  terminated 

by  either  party  upon  reasonable  notice 1,  p.    460,  §    200 

servant  employed  at  will  may  be  discharged  at  anytime.  1,  p.    40  >,  §    2G0 

compensation  payable  at  end  of  term 1   p.    4G0,  §    260 

usage  may  regulate  length  of  term  of  hiring 1,  p.    4G1,  §    260 

where,  without  new  contract,  servant  continues  after  expira- 
tion of  term,  presumption  is  that  it  is  continued  on 

same  terms 1,  p.    452,  §    201 

bnt  employment  mu-t  be  in  same  business 1,  p.    402,  §    261 

regulations  of  master  as  to  conditions  of  service  binding  on 

servant,  if  reasonable,  and  known  to  him 1,  p.    402,  §    262 

such  regulations  not  binding  on  minor 1,  p.    402,  §    202 

rule  valid  that  employee  must  give  notice  of  his  intention  to 

leave,  or  forfeit  wages  earned 1,  p.    46.3,  §    262 

sickness  or  act  of  law  will  excuse  notice 1,  p.    403,  §    202 

mere    temporary    absence    of    servant    not    an  abandon- 
ment  1,  p.    463,  §    262 

employee  Avho  overstays  his  leave  of  absence  does  not  aban- 
don his  place 1,  p.    403,  §    2G2 

duty  of  servants  to  keep  master's  secrets 1,  p,    403,  §    203 

servant  may  be  restrained  by  injunction    from  revea'ing 

master's  secrets 1,  p.    464,  §  263 


430,  §  252 

4.50,  §  2.')2 

4r)0,  §  2.")2 

452,  §  2j3 


4.-3,  §  2.-)3 
453,  §  254 

453,  §  254 

454,  §  255 
454,  §  255 

454,  §  258 

454,  §  256 

457,  §  257 

4-)5,  §  257 

458,  §  253 

455,  §  259 
453,  S  2G0 

4G0,  §  200 

4G ),  §  200 

460,  §  200 

4G1,  §  260 


402,  §  201 
4G2,  §  261 

462,  §  202 
402,  §  202 

46.%  §  202 
163,  §  262 

iC3,  §  262 

16.3,  §  202 
163,  §  263 

464,  §  263 


MASTER  AND  SERVANT.  gg^j 

Master  and  Servant-(rontinued.) 

where  by  contract  ni.ister  is  to  board  servant,  master  cannot 
charge  him  for  board  while  he  is  idle  by  sickuess  or 

without  his  fault 1,  p.    454^5    265 

to  cannot  cliar-e  master  with   board  if  ho   boards  else- 

,.      I^'T l,p.    464.§    265 

action  lies  by  servant  entitled  to  lodging  for  master's  failure 

to  properly  lodge  hiin i^^    4(35^  §    0^5 

measure  of  compensation  of    servant  in  absence  of  coa- 

,  *'"'' l.p.    465,§    266 

where  parties  agree  as  to  compensation,  but  not  as  to  term, 
servant    may    recover    for   time    served    at    agreed 

,        '■**®-. • l.p.    466,§   266 

where  services  to  be  paid  for  in  particular  way,  servant  may 

recover  their  value  in  money i,  p.    ^qq  §    266 

where   agreement  is  that  master  i.s  to  pay  what  he  thinks 

the  services  are  worth,  bound  to  pay  what  they  are 

reasonably  worth j,  p.    455^3    266 

plaintiff  mny  show  that  defendant  expected  to  pay  very  lib- 

.       ^••'^"y  •••.■•• l,p.    466,§    266 

where  contract  is  that  servant  may  charge  whatever  he  sees 

fit,     he  may  not    recover    more    than    is    reasoa- 

f^'^ l,p.  466,§  266 

servant  <an  recover  no  more  than  contract  price 1,  p.  407,  §  266 

does  not  preclude  larger  recovery  that  servant  offered  to 

work  for  others  at  lower  price 1,  p.  407,  §  266 

or  that  he  presented  bill  for  a  Kss  amount 1 '  p.  407]  §  266 

present  by  master  to  servant  not  to  be  deducted  from  liis 

,       ^^^s;«--;: l.p.  467,§  266 

where  contract  is  to  pay  in  a  par.icular  manner,  that  mode 

must  be  i-ursued 1    p,  4^^  g  266 

wages  become  due  at  end  of  day  or  month 1,  p.  403,  §  266 

must  be  claimed  at  place  where  usually  payable 1,'  p.  4G8,'  §  266 

master  cannot  reduce  wages  during  term '.  1*  403  §  266 

servant  by  remaining  in  service  does  not  assent  to  reduc- 

„„  ,  /'""■;■••;:■••/•••, l.p-    46S,§    266 

no  defense  to  action  for  day  w.-grs   that  work  was  unskiU- 

,./""^''°"«-;--. l.p.  468,  §206;  l.p.    486,  §    276 

aliter  when  work  is  to  be  done  in  particular  manner.   1    p     4GS  §    206 

usage  regulates  employee's  wages i,  p.    4^53;  g    2(53 

custom  of  paying  for  whole  quarter  even  when  children  are 

at  school  only  part,  valid 1,  p.    4593    266 

custom  that  printers  of  books  not  entitled  to  anything  until 

whole  work  printed,  admissible l,  p,    409  §    266 

custom  that  advertisement    given   wi  hout  instructions'  is' 

kept  in  newspaper  until  ordered  '    be  discontinued 

"^'"•^"^^« l.p.    46a,§    266 


6642 


HASTEB  AND  SERVANT. 


Master  and  Servant— (Continued.) 

master  may  set  off  Jamagea  suffered  through  servant's  ne- 
glect  1,  p.  470,  §   287 

right  of  master  to  servant's  earnings 1,  p.  471>  §    263 

servant  may  take  out  patent  for  machinery,  though  in  cm- 
ploy  of  master  when  he  made  the  invention 1,  n.  472,  §    268 

employee,  after  discharge,  may  euga;;e  in  competing  business 

with  master 1,  p.  472,  §    263 

right  of  action  by  master  against   third    person  injuring 

servant 1,  p.  406,  §    283 

i  ction  will  lie  by  master  against  another  who  entices  away 
his  servant,  or  induces  him  to  break  his  contract  of 

service 1,  p.  407,  §   289 

combinations  of  workmen  not  illegal  wlien 1»  P«  400,  §    200 

2.  Dischar>je  vf  Servayd  and  JJisxolulion  c/f  Conlruct. 

right  of  master  to  discharge  servant  by  \  irtue  of  power  con- 
tained in  contract  of  service 1,  P-  472,  §    209 

right  of  master  to  discharge  servant  in  absence  of  con- 
tract  1,  p.  474,  §    270 

if  ground  exists  at  time  of   discharge,  not   necessary  that 

the  master  should  have  known  it  at  that  time. . .  1,  p.  474,  §    270 

or  that  at  time  he  gave  another  and  diQcrent  reason.  1,  p.  474,  §    270 
misconduct,  to  justify  a  discharge,    must  be   miscontluct 

while  in  the  service 1,  p.  474,  §    270 

employer  is  sole  judge  of  competence  of  empl.iyce. .  ..1,  p.  474,  §    270 

what  are  valid  causes  fur  dismissal 1,  p.  475,  §    271 

breaches  of  contract  caused  by  act  of  God   not  good  ground 

for  dismissal  of  servant 1,  p.  470,  §    272 

discharged  servant  must  leave  peaceably 1,  p.  480,  Ji    273 

master  may  use  force  to  remove  disiharged  servant...!,  p.  480,  §    273 

servant  may  recover  wages  to  time  of  di^misbal 1,  p.  480,  §    274 

when  servant  occuj)y'ng  master's  house  is  a  tenant 1.  p.  481,  ^    275 

remedies  of  servant  fur  wrongful  di.-^charge 1,  p.  482,  ^    276 

servant  bound  t  >  seek  other  einj)loj  nient .1,  p.  480,  §    277 

fiervantniay  waive  wrongful  discharge  by  acquiescence.!,  p.  4S0,  §    278 
master  may  waive  breach  of  contract  or  cause  of  (]iach:irgo 

by  servant !,  p.  400,  §    279 

causes  which  will  ju.stify  servant  in  aljandi  ning  service  !,  p.  491,  §    280 

contract  of  service  is  dissolved  by  expiration  of  time. . .!,  p.  402,  §    281 

by  consent  of  parties  express  or  implied 1,  p.  402,  §    281 

in  what  cases  service  may  be  dissolved  by  either  party.!,  p.  403,  §    282 

where  its  continuance  is  disjretionary !,  p.  403,  §   282 

where  the  term  is  indefinite !,  p.  404,  §    2S2 

where  the  contract  is  not  mutual 1,  p.  494,  §    282 

dissolution  of  partnership  dissolves  contract  of  service.  .1,  p.  404,  §    283 

bankruptcy  of  master  dissolves  contract  of  service 1,  p.  404,  §    234 


470,  §  287 

471,  §  208 

472,  §  268 
472,  §  208 
400,  §  288 


497,  §   280 
400,  §    200 


472,  §    200 


474,  § 

270 

474,  § 

270 

474,  § 

270 

474,  § 

270 

174,  § 

270 

175,  § 

271 

170,  § 

272 

80,  g 

273 

ISO,  § 

273 

SO,  § 

274 

SI,  S 

275 

Si',  s 

276 

SG,  g 

277 

so,s 

273 

00,  § 

270 

01,  § 

2S0 

J2,  § 

281 

'2,  § 

281 

)3,  § 

282 

A§ 

282 

)4,  § 

282 

>4.§ 

232 

'4,§ 

283 

•4.  § 

234 

MASTER  AND  SERVANT. 

Master  and  Servant -(Continued.) 

abandonment  of  service  by  servant  dissolves  contract  of 
service < 

dismissal  of  servant  for  cause  dissolves*  contract  of  s'er^ 
vice , 

death  of  either  party  or  permanent  sickness  of  servant  ends 
contract  of  service -t 

where  relation  is  that  of  master  and  servant'and  not  land-' 
lord  and  tenant,  no  notice  to  quit  required 6,  p. 

Statements  made  as  to  character  of  Bcrvants,    when  privi- 

,     ,   '^°^^ 3,p. 

Blanders  on  servants,  when  actionable 3 

3.  Liability  of  Master  to  Third  Persons. 

master  is  liable  for  torts  of  servant l^  p, 

servant's  act  must  be  ^\ith  n  scope  of  his  employment.  .1,'  p. 
master  not  liable  while  servant  is  acting  outside  of  his 

business 1 

illustration  of  cases  wiiere  master  was  held  liable  for  serv- 
ant's torts 2 

where  master  was  lield  not  liable  for  servant's  torts. .  1,  p. 
master  liable  for  willful  and  malicious  acts  of  servant. .  1,'  p. 
master  liable  for  trespass  of    servant  except  where  it   is 

.1.  p. 


66:13 

493,  §    285 

405,  §    286 

493,  §    287 

4G78,  §  :.a70 

2317,  §  1201 
224J,  §  1253 

502,  §    201 

503,  §    201 

p.    503,  §    201 

■504,  §  201 
500,  §  201 
507,  §    292 


criminal 


500,  §    293 
515,  §    294 


who  are  "servants,"for  whose  acts  master  is  liable.l,  pi).  511 
party  who  avails  himself  of   use,  temporarily,  of  services  of 
servant  employe.l  by  another,  liable  for  his  acts  dur- 
ing temporary  service 1^  p,    513  g    294 

whether  relation  of  master  and  servant  or  principal  and 

agent  exists,  a  question  of  fact 1,  p.    r)13,  §    294 

master  not  liable  foraetsof  independent  contractor.!,  pp.  5l5-5:2l]  §    293 
exceptions:    where     wurk    is     a     nuisance    or    dangermia 

52.1,  §  206 
523,  §  297 
525,  §  298 
525,  §    290 


P"'"' 1,  pp.  521 

where  duty  is  imposed  by  contract ■  1,  p. 

where  duty  is  imiosed  by  law 1,  PP-  5-4. 

where  employer  interferes  with  and  directs  work 1,  p. 

where  employer  knowingly  employs  an  incompetent  con- 

^.  ,.,.  *'"^'=*°'' 1.  p.    527,§    300 

Ltabilili/  of  Master  to  Servant. 

See  also  Tailroads. 

master  not  liable  for  injury  to  servant  caused  by  negligence 
of  fellow-servants 1,  p. 

master  liable  for  an  injury  to  servant,  caused  by  defective 
or  unsafe  buildings,  machinery  or  appliances 1,  p. 

master  is  not  warrantor  of  safety  and  sufficiency  of  machin- 
ery and  appliances 1^  p 

he  must  have  had  knowledge  or  means  of  knowledge  of  the 
defect 1,  p.  533,  §302;  1,  p. 


523,  §  SOI 

531,  §  302 

531,  §  302 

5-10,  §  .105 


6644 


MASTEU  AXr  bliUVANT. 


Master  and  Servant— (Continued.) 

danger  must  be  suuli  as  to  su^i^jjeat  itself  to  man  of  ordinary 

prudtnce 1,  p.    533,  §    302 

fact  that  aiiiiiiancc  is  difectivc,  and  servant  is  injured,  does 

not  raise  a  iire.-iuni|)lion  of  nej;lij^(.nce  in  nia.stcr. .  1,  p.    533,  §    302 

master   is   not    c  «i!ii  elled   to   provide   safest    and    newest 

machinery,  or  newest  inventions 1,  p.    533,  §    302 

master  iMUst  e6tabli^ll    proper  rules  for  guidance  of  his 

employees  and  their  safety 1,  p.     534,  §    302 

master  must  exercise  reasonab'e  care  in  protecting  servant 

from  latent  defects  in  machinery  or  ajjpliances.  .1,  p.    535,  §    303 
or  dangerous  services  unknown  to  him 1,  p.    535,  §    303 

master  liable  to  injury  to  servant  when  he  in  personally 

present  and  giving  orders 1,  p.    642,  §    306 

where  negligence  of  master  and  of  fellow-servant  concur, 

mastrr  is  liable 1,  p.    543,  §    307 

master  liable  for  not  exercising  care  in  selection  of  serv- 
ants   1,  p.    644,  §   308 

master  liable  for  acts  of  unsuitable  or  incompetent  fellow- 
servants 1,  p.    644,  §    308 

mxuter  liable  when  he  continues  incompete;it  servant  in  his 

employment  after  notice  of  his  unHtuess 1,  n.    545,  §    308 

infant  entering  service  assumes  like  an  adult  the  risks. .  1,  p.    547,  §    309 
provided  the  contract  was  a  valid  one 1,  p.    547,  §    309 

employment  of  infant  on  dangerous  work  not  negligence.  1,  p.    548,  §    309 

master  must  explain  the  risks  to  minor 1,  p.    548,  §    309 

aliter  as  to  patent  d  :ngers 1>  p.    548,  §    309 

master  sending  minor  to  perform  a  dangerous  service  outside 
his  regular  duties,  master  liable  if  he  is  injured  per- 
forming it 1,  p.    548,  §   309 

infant  of  fourteen  years  presumed  to  have  capacity  to  recog- 
nize and  avoid  danger 1,  p.    549,  §    309 

statutory  provisions  in  sonie  states  enlarging  liability  of  mas- 
ter for  injury  to  fellow-servant 1,  p.    549,  §    310 

servant  waives  defect  by  entering  or  remaining  in  service 

knowing  of  it 1,  p,    554,  §    311 

but  aliter  where  he  complains  of  it  and  the  master  promis- 
es to  rectify  it 1,  p.    558,  §    312 

contributory  negligence  of  servant,  failing  to  notify  master 

of  defect 1,  p.    560,  §    313 

failing  to  mjtify  master  of  negligence  of  fellow-servaiit.l,  p.  5G1,  §  313 
goingintodangcroussituationby  command  of  master.  1,  p.  5GI,  §  314 
disobeying  regulations  of  master 1,  p.    564,  §    315 

illustrations  of  other  cases  of  contributory  negligence. .  1,  p.    564,  §    315 

contracts  between  master  and  servant  exempting  master 

from  liability  for  injuries  illegd  in  some  states. .  1,  p.    569,  §    318 
who  are  fellow-servants 1,  p.    570,  §    319 


MASTER  A^D  SERYA^'T.  GG45 

Master  and  Servant— (Continued.) 

wlioareiiot  "fellou-jervaiits," i,  „     gyy   a    300 

superior  servant  having  control  of  inferior  a  "  v'ioe-'pnn- 

cipal,"  and  not  a  "fellow-servant" 1,  p.    5S0  §    321 

servant   who  has  charge  of  construction  and  repairs  of  the' 
machinery,  or  buildings  or  works  in  master's  alsem-e, 

not  a  fellow-servant  with  one  Le!ow  him 1,  p.    583,  §    322 

servants  of  difierent  masters  not  "  fellow-servants". ,..!,'  p.    5S1,'  §    323 
servant  througli  work  and  on  way  home  not  "fellow-servant" 

with  those  still  at  work 1    „     ggO  §    324 

so  where  servant  is  at  time  on  private  errand  of  his  own, 

and  not  engaged  in  mastei  's  work 1 ,  p.    587,  §    324 

so  where  he  is  absent  from  his  place,   even    withcint 

„,     ,^^*''V""'". I'P-    5S7.§    324 

volunteer  who  is  assistmg  servant  in  an  emergency  cannot  re- 
coyer  from  master  for  negli-ence  of  servant 1,  p.    583,  §    325 

otherwise  if  person  not  mere  volunteer,  but  interferes  to 

expedite  his  own  or  his  master's  business 1,  p.    583,  §    325 

incompetence  of  servant  may  be  shown  by  evidence  of  repu- 

.    *""°°- l,p.    6S0,§    326 

specihc  acts  of  carelessness  may  also  be  shown 1,  p.    59^),  §    326 

evidence  of  negligence  in  selecting  and  maintaining  macli'ln- 
ery  and  appliances— cases  in  which  it  was  held  suf- 
ficient shown 1    p       ggog     327 

cases  in  which  it  was  held  not  sufficient  shown 1,  p.    590,  §    323 

i.  Liability  of  Servant. 

servant    not    liable    to    third    person  for  act    of    omis- 

"°''^; 1,  p.    593,  §    329 

servant  liable  for  act  of  misfeasance  or  trespass 1,  p.    593   §    399 

vice-principal  liable  to  inferior  servant  injured  by  his  nc"li- 

f*^"""-.-;; 1%.    593,§    329 

servant  not  liable  for  master's  wrongful  conversion  of  chat- 
tel lawfully  taken  by    servant   with  owner's    con- 

f  * 1,  p.    593,  §    329 

servant  personally  liable  to  master  for  damages  occaaoned 
by  his  misconduct  to  the  master  directly,  or  to  a 
third  person  whom  master  has  been  obliged  to  com- 
pensate  1     p       ggg    g     ggg 

evemrhere  the  negligence  of  another  servant  concurred' in 

producing  injury j   p     593  g    33^ 

not  necessary  that  employer  should  resist  demand  to  action 
and  judgment— he  may  recover  what  he  voluntarily 
and  actually  paid 1^  p.    593  g    gjg 

servant  requesting  master  to  defend  suit  for  injuries  occa- 
sioned by  his  misconduct  Lable  for  costs  and  counsel 

f^-^':; l.p.    594,§    330 

servant  liable  personaUy  for  injury  to  fellow-servant.. . .  1,  p.    594,  §    331 


6646 


MASTER  OF  SHIP — MERGEB, 


Master  of  Ship. 

See  Ships  and  Snirpisa. 
Master  in  Chancery. 

not  eligiljle  aa  attuincy-at-Iaw 1,  p.    208,  §    127 

"Maturity." 

"before  maturity,"  what  is 4,  p.  2752,  §  I5S-J 

Mayor. 

See  Mdnicipal  Cobpobations,  2. 
Mechanics. 

slaiiilers  on  mechanics  and  workmen,  when  actionable.. 3,  p.  2247,  §  1-56 
Mechanics'  Liens. 

Seu  LiKNs,  2. 
Merchandise  Brokers. 

deli  lied 1,  pp.  390-393,  §  222 

autliority  of 1,  pp.  300-393,  §222 

Mercantile  Agency. 

liable  for  ue^jli^enco  of    attorneys    employed    to    collect 

note 1,  p.    310,  §    188 

liability  of  mercintile  agencies  for  making  untrue  state- 
ments  concerning    character,   habits,   standing  and 

responsibility  of  tradesmen 3,  p.  23  I,  §  1296 

Merchants. 

slanders  and  libels  on  merchants  and  traders,  when  actiona- 

ablo 3,  p.  2248,  §1257;  3,  p.  2234,  §  1275 

Merger. 

See  Joint  and  Sevebal  Liabilities;  MoBTOiOES,  6. 

taking  liiglier  security  merges  remedy  upon  lower  one.. 5,  p.  42i5,  §  25S0 

prior  contracts  are  merged  in  subsequent  contract  on  same 

subject 5,  p.  4245,  §  25S0 

parol  contract  or  implied  one  is  merged  in  written  agree- 
ment  5,  p.  4245,  §  2580 

no  merger  takes  place  vhere  two  securities  are  of  equal 

degree 5,  p.  4246,  §  2.")80 

nor  whore  the  two  securities  are  not  co-extensivo  . .  .5,  p.  4246,  §  2580 
doctrine  of  merger  applies  by  mere  operation  of  law,  inde- 
pendently of  any  intention  of  parties 5,  p.  4246,  P  2530 

merger  by  judgment 5,  p.  4248,  ^  .; ' 

See  JnutJMENT. 

merger  in  case  of  joint  and  several  debts 5,  p.  4249,  ?]  2r-    ;' 

operates  as  merger  of  original  claim 6,  p.  53G5,  ji 

deed  merges  all  prior  contracts  in  reference  thereto ....  5,  p  3786,  §  2266 

greater  estate  merges  the  lesser  one 6,  p.  4432,  §  2718 

both  must  be  owned  by  same  person  in  same  right. . .  .6,  p.  4433,  §  2718 

what  estates  are  and  are  not  merj^ed 6,  p.  4433,  §  271 8 

when  equity  will  not  apply  doctrine  of 6,  p.  44.33,  §  2713 

contract  to  convey  is  merged  in  conveyance 6,  p.  443.3,  §  2718 

nou- negotiable  note  does  not  merge  debt 6,  p.  4434,  §  27 IS 


MERGER— MINES  AND  MINERALS.  6647 

Merger— (Continued. ) 

term  for  years  vasted  in  person  seised  of  freehold,   term 

mcroes  in  frcohold  aud  becomes  extinct 0,  p.  4CC7.  §  2SC4 

Kesne  Profits.  <i  a   o«» 

See  Fixtures.. 
Military  Law. 

acts  of   military  authorities  in  time  of  war  do  not  give  any 

right  of  action  in  civil  courts 3^  .,   1535  §  1Q-2 

malicious  act  in  time  of  peace,  of  lawful  autliority,  or  in  ex- 

cess  of  authority,  military  olfictr  liable 3,  p.  IS.*?,-;,  §  1072 

attorney  not  exempt  from  military  service 1'  ,,.    o^^'  g    j^q 

father  entitled  to  bounty  received   by  infant  son  on  enlist-" 

,    "'g  I"  army 2,ri..  1481,  1485.  §    818 

words    spoken   or   written    to   courts    martial    or   military 

courts  privileged 3   ^  0315   g  jogg 

liability   of  oUicors   of    militia   for  no-li-cnt  use  of  tiro-  " 

MiUs  and  Mm  Sites! 3.  p.  19S4.  §  1143 

See  Water  COURSES. 

Mines  and  Minerals. 

owner  of  land  entitled  to  minerals  in  it Q  p  4:?7(?  §  o^ss 

minerals  capable  of  distinct  ownership  and  conveyance! 6.'  p!  4:i7(j'  §  ~>m3 

when  Eevered  from  land  they  become  chattels 6   n  4V(i  S  on^'t 

what  is  a. 'mining  claim" .'e;  p.' 4:;77      -^IS 

whatisa"miningvein,  lode  or  ledge" 6   n  4:17?' S -"gsS 

nghti  of  locators q    '    ..j-^    '  ^  ." 

grant  of  minerals  includes  right  to  enter  and  woi'li  'them.6.  n.  4^7'  ij  •'^(;S4 

extent  of  this  right S.' p.  4:^;.'     ^'sl 

construction  of  grants  of  minerals q   „   4.^-3  ^  0-34 

construction  of  word  "  minerals  "  in  grant.  .'.'.'.'.'.".'.'.'.'.6,'  p.  4;J7!»,'  §  2GU 

right  to  gold  and  silver  mines 5'^  „  ^.j^  | '  ^  ."ijg- 

covenant  to  work  a  mine  with  diligence  runs  with  'land.6,'  p.'  4:?S-''  §  i's6 

13  implied  in  lease  for  a  royalty g   „  43^0'  g  ^GStJ 

equity  will  not  specitically  enforce    agreement    to    w.-rk 

mine  ^   ^  4350  g  o-j^g 

nor  reheve  from  forfeiture  for  breach  of  such  covenant. 6,  p.  4;?S',  §  •>'J3Q 

lessee  not  bound  to  work  at  a  loss r    „   ±-i^>\  .^ror- 

lessee  not  bound  to  work  continuously,  or  to  produce  more 

than  minimum  required q^  ^  4330  g  .^ggg 

quantity  to  be  mined  must  be  ascertained  and  paid  for  in 

mode  prescribed  in  lease q   p  4330  §  oQ^g 

lessor  is  liable  for  trespass  of  lessee  in  mining 6^  ].  4.SS-i'  §  'ViSa 

no  liability  for  accidental  trespass q[  ^'  4333'  g  "J^g 

validity  of  miners'  rules  and  usages g   p  4333'  g  og^g 

■oil  dug  from  land  and  placed  on  other  land,  a  chattel.. 3   p.  2441*  §  yjiQ 
minerals  are  real  property  while  in  earth,  but  as  soon  as  dug 

out  become  chattels  personal 3    "  2441,  §  1346 


GG43 


MINES  AND  MINERALS — MISTAKU. 


nines  and  Minerals— (Continueil.) 

Btoiio  fcplit  out  from  its  ()ri;;iiiiil  cuniicction  in  ledge,  but  not 

removeil,  passes  with  land  when 3,  p.  2111,  §  1346 

right  to  mine,  eiitjr  luml,  diy  fur  and  remove  ore,  an  incor- 
poreal hereditament 3,  p.  2141  n,  §  1316 

minerals  under  land  do  not  pass   to  railroad  by  aequisition 

offee 2,  p.    997,§    557 

owner  not  h  uinil  to  employ  expensive  precautions  against 
fire-damp,  but  only  to  use  reasonable  eflforts  for  ven- 
tilation . 1,  p.    533,  §    302 

owner  of  t^urface  of  land  entitled  to  support  for  land  and  build- 
ings from  person  owning  mines  below 6,  p.  4544,  §  2787 

and  liable  to  mine  owner  for  injury  for  draining  his  land 

into  mine 6,  p.  4545,  §2787 

peculiar  rules  aa  to  mining  partnerships 2,  p.  1192,  §    636 

implied  powers  of  partners  in  mining  partnership 2,  p.  1216,  §    646 

Mistake. 

See  ARBrrRATios  axd  Award;  Payment;  Reformation. 

pirty  may  show  mistake  in  entering  into  contract 6,  p.  3924,  §  2337 

mistake  must  be  established  by  satisfactory  evidence. . .  5,  p.  392<3,  §  2337 

mistake  of  one  party  only  in  expressing  the  agreement  does 

not  afifect  it 5,  p.  3926,  §  2338 

equity  will  not  enforce  specific  performance  of  contract  in 

case  of  mistake 5,  p.  3926,  §  2333 

mistake  wi  1  not  be  corrected  in  equity  where  parties  to  an 
instrument  have  equal  knowledge,  or  equal  means  of 
obtaining  knowledge,  of  mistake  nnd  there  has  been 
no  concealment,  surprise  or  imposition 5,  p.  3926,  §  2333 

ignorance  of   stipulation  in  contract  no  ground  for  relief 

against  stipulation 5,  p.  3926,  §  2333 

person  .tui  jar's  cannot,  in  absence  of  fraud,  deny  his  written 
obligation  by  showing  that  when  he  signed  it  he  had 
not  read  it 5,  p.  3923,  §  2333 

where  contract  is  in  writing,  party  cannot  prove  a  different 
state  of  facts  or  intention  than  that  expressed 
in  it 5,  p.  3926,  §2338 

where  written  contract  contains  mistake  common  to  both 

parties,  equity  will  relieve 5,  p.  3927,  §  2.339 

illustrations  of  contracts  corrected  on  ground  of  mistake. 5,  p,  3927,  §  2339 

when  mistake  of  one  party  is  caused  by  the  act  of  the  other, 

equity  will  relieve 6,  p.  3923,  §  2340 

mistake  of  law  will  not  be  relieved  against 6,  p.  3923,  §  2.341 

aliter  in  equity  in  cases  ^i  great  hardship 6,  p.  3929,  §  2342 

mistake   of  law  will  not  prevent  transaction  from  being 

usurious 5,  p.  4076,  §  2447 

agreement  procured  by  mi  take  or  fraud,    voidable,   not 

void 6,  p.  3939,  §2358 


MISTAKE.  CG49 

BListake  -(Continued.) 

written  c<.n tract  can  he  varied  to  prove  that  agreement  was 

entered  into  luider  niistal;c  or  accident 5,  p.  3SS3  §2314 

money    paid    under    ndatalio    of    fact    m:.y   Lo    recovered 

.     ^''^^- •;•■■•• 6,  p.  4223,  §  25G1 

variance  ni  mistake  in  names  of  parties  to  eontract,  wiietlier 

individuals  or  o  .rporatioiis,  not  fatal 5,  p.  3970  &  o-^j 

mistake  in  spelling  the  name  of  tract  of  land  will  not  vitiLte 

../•^"^ ; 5.p.3S41,§22S5 

mistake  or  firanitnatical  error  as  to  amount,  date,  time,  or 

place  or  other  matter,  docs  not  afFcct  ne -oti.iLle  in- 

'*'■"'""';* r. 4,  p.  2C04,  §  14G6 

person  expending    money  by  mistake    upon   property    of 

another  has  no  equity  a-jainst  owner 4,  p.  3i3,-;^  §  OQIS 

purchaser  who  obtains  by  mistake  or  fraud  more  land  tiian 

he  is  entitled  to  is  a  trustee 4^  p   3407  §  0313 

dividends  declared  by  directors  and  received  by  stockholders 

may  be  reclaimed  by  directors,  if  dcclartd  under  niis- 

.,,*"''."•;■••.• l.p.    781,  §    471 

mistakes  m  drawin^'  negotiable  instruments 4,  p.  2U01,  §  14G6 

payment  of  bill  or  note  by  mistake  to  wrom?  party;  wi'iun 

can  money  be  recovered  back 4^  p_  0799  s  ]f;]o 

recovery  of  funds  paid  out  on  check  by  mistake 2,  p.    'JiQ,  §    532 

where  borrower  has  opportunity  to  count  money,  burden'  of 

proving  mistake  is  on  him 2,  n.    93G  §    529 

where  certification  of  check  is  mide  by  mistake  bank  may 

withdrawit 2,  p.    942.§    531 

depositor  not  bound  by  an  errone  >us  entry;  remedy  as  in 

ordinary  cases  of  mistake,  and  this  notwithstanding 

rule  of  bank  requiring  payments  to  be  examined  at 

•  ..•*!'"^ •■;■■■"■: ^'P-  ^•'''•§  •'^^s 

jurisdiction  of  equity  to  correct  mistakes  in  wills 6,  p.  5187,  §  3221 

power  of  court  to  correct  mistake  in  administrator's  ac- 

^.<'°""*' 2.  p.  1G07,§    9S9 

guardian  not  liable  for  money  paid  to  him  as  such  by   mis- 
take where  he  has  paid  it  over  to  the  ward  before  no- 

*'*=f  °^ 2,p.l57S,§    876 

damages  for  non-assignment  of  dower  recoverable,  notwith- 
standing the  refusal  to  assign  was  made  in   good 

^^'"^^ 2,  p.  1423,  §    776 

liability  of  directors  for  mistakes  made  in  good  faith ....  1,  jj.     G'JS,  §    4 1 5 
insurer  is  liable  for  mistakes  or  omissions  of  its  agent.  .5,  p.  3737,'  §  2220 
effect  of  fraud  or  mistake  in  preliminary  proof  of  loss  in  ac- 
tion against  insurance  company  5,  p   3547   g  oqss 

liability  of  examiner  of  titles  for  mistake  in  overlooking  in- 
cumbrance  1^  p_    302  g    jso 

liability  of  attorney  for  mistake  of  law 1,  p.    303^  g    ig.> 


6G50 


MISTAKE — MORTQAaES. 


Mistake— (rontlnued .) 

for  inistako  in  drawing  pleading  or  pnpcri 1,  p.    SC5,  8    183 

for  mistake  in  prosecution  of  suit.  ..1,  p.  2J7|  §  154;  1,  p.    SOC,  §    184 

for  mistaku  in  giving  advice 1,  p.    308,  §    185 

for  niist.iko  or  fraud  of  agent  or  associates 1.  P-    SIO,  §    188 

measure  of  diiinngos  againat  attorney 1,  p.    308,  §    186 

liAl)ility  for  arresting;  wrong  person  on  valid  warrant.  .3,  p.  1831,  §  1009 

m  stake  in  j)ul)lication  of  libel  no  defense 3,  p.  217S,  §  1224 

ploa  of  justilication  in  lilicl  estops  defendant  from  showing 

tliat  it  was  jiuMislied  under  a  mistake 3,  p.  23or).  §  1230 

renunciation  of  office  bymistake,  clTect  of 2,  p.  lG2o,  §    900 

title  liy  confusion  hy  mistake  of  pirty 3,  i).  23!)!),  §  1321 

ratification  made  under  mistake  voidable 1,  p.      42,  §      33 

Money. 

as  chattels 3,  p.  2414,  §  13.')1 

sometimes  treated  as  real  estate .  6,  p.  4383,  §  2GS7 

insurance  money  on  house  goes  to  heir. 6,  p.  43S,3,  §  2CS7 

"  money  "  in  will,  passes  real  estate 6,  p.  4383,  §2037 

deposit   made  in  gold  may  be  paid  in  notes,  if  legal  ten- 
der  2,  p.    921,  §   526 

Monopolies. 

state  may  not  grant  monopolies,  when 7,  p.  C17C,  §  3918 

Month.     See  Time. 
Mortgages. 

See  also  rEoiPTRATTov;  Trusts  and  Trustees.  2, 

(a.)    MORTGAGKS  OF  llBVLTY. 

1.  fii  General. 

2.  Equitable  Mortgages. 

3.  Ansigiiment. 

4.  RljUts,  Interests  and  LiabiUlles  of  Parties, 
6.  Assumption  of  Mortijages, 

6.  Siibrogatlon  and  Merger. 

7.  Satisfaction  and  Discharge, 

8.  litdtwption. 

9.  Fureclo.fure. 

(b.)  MORTOAGES  OF  PeRSONALTT. 

10.  In  General. 

11.  RiglUa  and  Liahilities  of  Parties. 

12.  Fnndlulent  Mortgages, 

(a.)  Mortgages  of  Really.     1.  Mortgages  in  General. 

mortgage  defined 6,  p.  4831,  §  3012 

transaction    will    ba   deemed  mortgage   rather   than  con- 
ditional sale e  p.  4881  n,  §  3012 

not  essential  that  mortgagor  should  have  given  personal 

obligation  for  debt 6,  p.  4831  n,  §  3012 

in  some  states  mortgage  passes  title  to  property 6,  p.  4SS2,  §  3012 

in  others  it  is  a  mere  lien  on  property 6,  p.  4SS2,  §  3012 


UORTQAOES. 


CG51 


iSSG,  §  3015 
4SS«,  §  3015 
4SSG,  §  3015 


Mortgages— (Continuerl.) 

mortgagee    not    entitled  to    possession    until    after  fore- 

'='''»"'"o 6,  p.  4<?S3,§3012 

who  may  iiiako  a  valid  mortgage 6,  p.  4-S;j,  §  3013 

•S'^"*" 1,  p.  108.  §70;  1.' p.      94!  §      03 

corporations j    j,     p,-,,  g    3^^ 

•who  may  take  a  valid  mortgage G,  p.  4SS4,  §3014 

where  mortgage  is  to  two  as  security  for  joint  debts,  tliey 

are  joint  tenants e.  p.  4SSr),  §  301 4 

verbal  moi  tgage  is  not  valid e,  p.  4SS5,  §  3015 

conveyance  as  security  for  debl,  a/.vays  construed  as  a 

mortgage  in  cc|uity 6,  p.  4SSG,  §  3015 

property  upon  wliicli  security  13  to  operate  must  be  de- 

scribed  with  accuracy  sufEcicnt  t  >  iilentify  it 6,  p.  4SSC,  §  3015 

intention  to  create  a  lien  must  clearly  ai)pcar,  and  debt  for 

which  security  is  given  must  be  specified 6,  p. 

iiot  essential  that  mortgage  should  bo  included  ia  one  in- 
strument      Q   p 

may  be  effected  by  means  of  absolute  deed,  coupled  with 

defeasance  in  writing,  or  by  parol 6,  p, 

power  of  sale  not  essential  ingredient  of  a  mortgage.  .6,  p.  4SSG,  §  3015 

statutory  forms  of  mortgage 6,  p.  4SSG,  §  3015 

absolute  deed  of  trust  is  not  a  mortgage 6,  p.  4SSC,  §  3015 

distinction  between  such  a  deed  and  deed  of  trust  in  na- 
ture of  mortgage e,  p.  4SSr,,  §3015 

parties  must  be  properly  described  in  mortgage 6,  p.  4SS7,  §  3016 

mistake  in  names  in  mortgage  may    be    explained    by 

P"°^ 6,  p.  48S7,  §  3016 

mortgage    may    be  made  to  heirs    at  law  of  deceased 
person 6   p 

not  to  the  heirs  of  living  person 6^  p. 

name  of  husband  of  married  woman  should  be  given;  or  if 
unmarried,  it  should  be  stated  that  she  is  "  sin:,de  " 

or  "awidow" 6,  p.  4SSS,  §  3016 

mortgage  is  well  executed  by  married  woman  signing  her 
given  name  alone,   her  full  name  appearing  in  body 

of  instrument e,  p.  4SSS  §  3016 

description  of  property  in  mortgage  should  be  accurate.6,  p.  4SSS,  §  3017 

or  be  made  accurate  by  reference  to  other  deeds 6,  p.  4SS8,'  §  3017 

effect  of  uncertainty  in  description  of  property 6,  p.  4^89,  §  3017 

no  particular  form  required  in  proviso,  construction  of.  6,  p.  4S90,  §  3018 

description  of  thing  secured  must  be  accurate 6,  p,  4831,  §  3019 

mortgage  to  secure  against  future  liabilities,  described  with 

reasonable  certainty,  is  valid 6,  p.  4S91   §  3019 

parol  evidence  admissible  to  identify  note  intended  to  be 

secured  by  mortgage 6,  p.  4891,  §  3019 

description  of  all  past  indebtedness  sufficient 6,  p.  4S92,  §  3019 


4SSS,  §  3016 
48S8,  §  3016 


CG52  MonTOAQEa. 

Mortgages -(rontiniiPfl.) 

coiiBtriiutioii  (if  niiirt^'ujjos  follows  rules  as  to  con«trn  tion  of 

otlior  writt  'ii   iistruineiitH 6,  p.  4892,  8  3020 

any  estate  or  inturest  in  land  wliiuh  inuy  be  solil  can  also  Lo 

mort^'a-(.(l 6,  p.  4S93,  §  3021 

what  ri^lit:i  and  iutorcsta  cannut  bo  mortgntrcd 

0,  pp.  4S94-I800,  §§  3021,  3022 

franchise  of  corporation 1.  p.    042,  8    377 

lot  in  cemetery 3,  p.  2434,  §  1343 

mort^j'ago  of   ru.il  estate  covers  all   buildings  and  fixtures 
attach "(1   to  realty  at  date    of    mortgage  or  buIisc- 

quently 6,  p.  4895,  §3022 

includes  such  articles  as  arc  necessary  to  use  of  realty, 
ond  without  which  it  would  cease  to  be  sufTuient 
security 6,  p.  4893,  §  .3022 

whore  improveinouts  only  are  incltidod  in  mortgage,  no  in- 
terest in  the  land  passes 6,  p.  489.'),  §  .3022 

mortgage  of  things  not  in  existence  is  valid 6,  p.  4S96,  §  .3022 

what  passes  by  mortgage  of    railroad   franchise,    income, 

tolls,  etc 6,  p.  4896,  §  .3022 

mortgagee  may  assign  interest  he  has  in  mortgaged  property, 

by  way  of  security 6,  p.  4890,  §  .3022 

equity  of  redemption  detined 6,  p   4S97,  8  3023 

a  mere  right  only,  and  mortgageor  has  no  estate  in  property, 

eitlier  at  law  or  equity 6,  p.  4897,  §  3023 

right  arises  by  operation  of  law,  and  is  never  stipulated  for 

in  mortgage 6,  p.  4897,  §  3023 

mortga;;eor'8  right  to  redeem  cannot  bo   M'aived  or  extin- 
guished by  agreement 6,  p.  4897,  §  3023 

maxim  of  equity  **  once  a  mortgage  always  a  mortgage  ".6,  p.  4898,  §  3023 

2.  Equitible  Mort'jarjes. 

in  what  cases  do  equitable  mortgages  arise 6,  p.  4893,  §  3024 

illustrations  of  equitable  mortgages:  agreement  to  give  mort- 
gage   6,  p.  4899,  §  3024 

informal  or  defective  mortgage 6,  p.  4899,  §  3024 

assignment  by  way  of  security  of  rents  and  profits,  or  of 

contract  for  purchase  ti  la  id 6,  p.  4899,  §  3024 

statutory  lien 6,  p.  4890,  §  3024 

lien  of  ^n  unpaid  vendor 6,  p.  4S99,  §  3024 

lien  of  venlea  who  has  paid,  but  not  received,  a  convey- 
ance   6,  p.  4899,  §  3024 

a  deposit  of  title  deeds 6,  p.  4900,  §  3024 

a  cond itional  sale 6,  p.  4900,  §  3024 

3.  Asuhjnment. 

who  may  make  assignment  of  mortgage 6,  p.  4002,  §  3025 

who  must  join  in  assignment  of  mortgage 6,  p.  4902,  §  .3025 

powers  of  assignee  of  mortgage 6,  p.  4902,  §  3025 


MonTOAora.  cg.j3 

Mortgages  -(rontinufid.) 

a^m^iiiuuiit  iiuiat  l»u  in  writinj; 0,  p.  4003,  §  302G 

aasi^iiiiieiit  jjood  Miilidiit   ac  ml   (Icliv.-iy,  wIum-.j  c  >ii ttil 

with   uvi.iciici!  to  slidw    tiiut    iii"ity,ig,.o    inluinU'l  to 

transfer  liin  iiit.ureot 6,  p   4903,  §  3')2G 

rcIi'MMc  or  iiuitrlitirn  ilccl  hulliiirnt   0,  |i.  VMi,  §  ;{,/_•(> 

Cuiivuyaiife  witli    warranly,  elltH-livo  as  an  o.juital.lo  as>i-ii. 

meiit  of  .lel)t o,  p.  41)04,  §  3020 

debt  must  be   08J.i^iie.l    in    or.ler  to  pas3   iiittiest  in  jneni- 

'"*-'''• 6,  p.  4!K)4,  §  30'jrj 

asfii;,Munfnt  of  debt  carries  with  it  ri-Iit  to  se  urity 6,  p.  4'JU4,  §  ."iU'JO 

payment  of it;,'a>;e  delit  by  one  bavins;  an  interest  to  ]iro- 

tfct  will  opiratu  as  assij^nnient 0,  p,  4904,  §  3023 

dischar;,'e  of  a  ni<.rti^a;;e   may    bo  trcatcl   in  equity  as  an 

assignment 6,  p.  4004,  §  3020 

assiynuiont  of   k-ss    than    wlido   of   the  ikbt   canies  with 

it  a  ]>ro  nita  interest  in  nmrtga^'o G,  p.  49p.",  §  3027 

mortgagee  may  assign  whole  uf  premises  as  security  for  part 

only  of  (Ul.t G,  p.  490J,  §3027 

Beveral  notes  may  be  secured  by  one  mortgage,  and  may  be 

afterward  assigned  to  dilFerent  p  rsona G,  p.  4905,  §  3027 

priority  of  paycnent  of  various  notes  or  portions  of  debt  so 

»=*"'='"-■'' G,  p.  4900,  §  3027 

assignee  of   note   secured   by   mortgage  takes  it  suliject   to 

«*l"'tii;3 G,  p.  4907,  §  3023 

niortgageor  cannot    raise    ilef.  nte   of    want   of    considera- 
tion, or  that  note   and    mortgigc  were  obtained  from 

liim  by  fraudulent  representations G,  p.  4907,  §  3023 

,  aUter   if   note   secured   was     non-negotiable,   or  had   been 

a>signed  after  maturity G,  p.  4907,  §  3023 

assignment  trantfers  not  only  claim  against  niortgageor,  but 

also  all  securities  held  by  assignor  for  same  debt  G,  p.  4909,  §  3029 
contract  of  guaranty  made  to  moitgagee,  will  not  pass  G,  p.  4909,  §  .S023 
assignor  impliedly  covenants  not  to  receive  payment  of  the 

de  it  assigned G.  p.  49'i9,  §  n029 

assi/n^e  must  give  notice  to  mortgageor  of  assignment. G,  p.  4909,  §  3j29 
assignor  warrants  validity  of  m()rtj.ag'',  including  bonds  and 

""tes G,  p.  4909,  §  3029 

assignor  not  answera'le  for  a  defective  title,  unless  he  has 

made  some  representation  respcjting  it G,  p.  4909   §  3029 

where  the  mortgage  confers  a  power  of  sale,  assignment  of 
note  secured  by  the  mortg  ige  carries  with  it  power  of 

^'^le G,  p.  4909,  §  3029 

defective  execution  of  power  of  sale  operates  as  assignme  .t 

of  mortgage G,  p.  4009,  §  3029 

mortgawee  assigning  it  as  collat  ral  security  for  debt. .  ,G,  p.  4910,  §  3029 
after  assignment  of  debt  mortgagee  cannot  give  release. 0,  p.  4910  §  30_'9 
Lawson  H.  Il  R.— 404. 


C65i  MORTGAGES. 

Mortgages— (Continued. ) 

4.   Riijhts,  Interests  and  Liabilities  of  Parties. 

no  estate  in  land  passes  to  mortgagee 6,  pi>.  4911,  4913,  §  3030 

mortgageor  has  all  rights  of  ownership  over  pro]ierty 

6,  pp.  4911,  4913,  §3030 
possession  of  mortgageor  presumed  to  be  in  subonliiiatiou  to 

title  of  mortgagee 6,  p.  4911,  §  3030 

mortgageor  can  make  no  lease  or  contract  respecting  mort- 
gaged premises  to  bind  mortgagee 6,  p.  4912,  §  3030 

mortgageor    not    entitled    to    be    allowed    for    improve- 
ments  6,  p.  4912,  §  3030 

nor  bound  to  rebuild  erections  destroyed  by  tire 6,  p.  4912,  §  3030 

estate  of  mortgageor  liable  to  be  attached,  levied  upon  and 

sold  under  execution 6,  p.  4',tl2,  §  .1030 

right  to  crops  growing  on  premises 6,  p.  4912,  §  3030 

mortgageor  cannot  defeat  mortgage  by  buying  laud  at  tax 

sale 6,  p.  4912,  §  2030 

after-acquired  title  by  mortgageor  enui'es  to  benefit  of  mort- 
gagee   6,  p.  4912,  §  3030 

effect  of  mortgageor's  warrantv  of  title 6,  p.  4913,  §  3030 

mortgagee's  interest  is  a  chattel  interest 6,  p.  4913,  §  3031 

has  no  right  toactud  possession  and  receipt  of  profits.  6,  p.  4914,  §  3031 

is  a  purchaser  wiihin  the  registry  acts 6,  p.  4914,  §  3031 

relationship  of  mortgageor  and  mortgagee  not  of  a  fiduciary 

character 6,  p.  4914,  §  3031 

mortgagee  may  acquire  title  adversely  to  mortgageor  at  judi- 
cial sale 6,  p.  4914,  §  3031 

mortgagee  taking  possession  of  laud  must  use   it  with   dili- 
gence   6,  p.  4915,  §  3031 

mortgagee  taking  possession  is  accountable  for  what.  ..6,  p.  4915,  §  3031 

doctrine  of  taking  of  mortgages,  when  permitted 6,  p.  49!  5,  §  3031 

right  of  mortgagee  to  consolidate  mortgage 6,  p.  4915,  §  3031 

in  most  states  mortgageor  may  redeem  each  mortgage  sep- 
arately  6.  p.  491G,  §3031 

mortgage  not  discharged  by  change  in  or  renewal  of  note  or 

debt 6,  p.  491G,  §3031 

rights  of  purchaser  of  equity  of  redemption 6,  p.  4918,  §  3032 

rights  of  lessee  of  mortgageor 6,  p.  4921,  §  3033 

rights  of  mortgar^eor  to    bring  ejectment 6,  p.  492.'?,  §  3034 

rights  of  nioi  tgr  gee  to  bring  ejectuieut 6,  p.  4924,  §  3035 

mortgagee    may    maintain    writ    of    entry    against    mort- 
gageor  6,  p.  4925,  §  3036 

or  against  persons  claiming  under  mortgageor  who  have  en- 
tered   6,  p.  4925,  §  3036 

junior  mortgagee  only  affected  by  previous  liens  of  which 

he  has  notice 6,  p.  4925,  §  3037 

prior  encumbrancer  cannot  alter  terms  to  his  prejudice. 6,  p.  4925,  §  3037 


MORTGAGES.  6655 

Mortgages— (Continued . ) 

junior  encumbrancer  has  right  to  redeem  any  earlier  incum- 

.     .     ^'■'■^"•^"V 6.  p.  4925,  §3037 

junior    encumbrancer  entitled  to   reasonable  diligence,  by 

earlier  incumbrance T. ...  6.  p.  4025,  §  SO.'J? 

juuior  encumbrancer  entitled  to  have  prior  securities  mar- 
shaled in  his  favor Q   J,  4925  §3037 

where  first  mortgage  comprises  one  security,  and  second 
only  a  portion,  second  mortgagee  takes  title  subject 
to  the  whole  amount  of  prior  mortgage 6   p  49'>5  §  3037 

rule  as  to  purchase  of  tax  titles  by  mortjageor  applies' to 

junior  encumbrancers g   p  ^qoq,  §  3037 

*fter  sale  of  mortgaged  premises,  balance  remaining' in 
hands  of  first  mortgagee  is  held  as  trustee  for  su°bsc- 
quent  encumbrancer 6,  p.  492G,  §  3037 

mortgagee  cannot  enforce  mortgage  until   he  has  been  dam- 

ag  'd  either  actually  or  constructively 6,  p,  4927    §  30.38 

rights  and  liabilities  of  parties  under  mortgage   of  i'udem- 

.  .      °'*^'  •  • 6,  p  5927,  §  30.S8 

rights  otmortgageor  and  mortgagee  to  maintain  partition.  6,  p.  5929,  §  3039 
ir  what  cases  is  a  mortgagee  estopped  from  settin-  up   his 

r    ,  7'*-;^^  .....r.... 6,  p.  4931,  §3040 

5.  Assumption  of  Mortgage. 

agreement  to  assume  mortgage,  how  evidenced 6,  p.  4933  §  3041 

what  is  sufficient  to  constitute  a q'^  p.  4933'  ^  3^41 

agreement  to  pay  the  interest  does  not  create   obligation  to 

pay  principal °. ...  6,  p.  49.33,  §  3041 

covenant  to  assume  mortgage  equivalent  to  covenant  to  pay 

■*. 6,  13.  49.34,  §  3041 

transaction  is  an  original  promise  to  pay,  and  not  an  agree- 

m*int  to  pay  debt  of  another 6,  p.  4934,  §  3041 

grantee      becomes     princip  "     debtor,    and  mortgageor    is 

,      ^"""^^y 6,  p.  4934,  §  3041 

each  successive  grantee  who  covenants  to  pay  mortgage  Ije- 

comes  original  promisor,  with  original  mortgageor  as  his 

surety;  mortgagee  entitled  to  sue  any  of  them. .  .6,  p.  4934,  §  3041 

purchase  and  assumption  of  payment  by  senior  mortgagee  of 

a  junior  mortgage  postpones  senior  in  favor  of  juni^  r 

mortgage. 6.  p.  49.35,  §  .3041 

effect  of  assumption  of  payment  by  junior  mortgagee. .  .6,  p.  4930,  §  3042 
power  of    married   woman    to   assume    payment   of   niort- 

,        ^^f 6,  p.  4937,  §  3043 

release  of  mortgageor  by  mortgagee;  extension  of  time  to  pur- 

chaser  of  equity  releases  mortgageor 6.  p.  4938,  §  3044 

where  mortgageor  makes  an  absolute  conveyance,  and  pur- 
chaser assumes  mortgage,  such  conveyance  and  as- 
sumption irrevocable g,  p_  4939  g  3345 


6656 


MORTGAGES. 


Mortgages  —  (Continued. ) 

but  mortgagee  must  first  know  of  and  accept  transac- 
tion  G,  p.  4939,  §  3045 

6.  Suhrogntlon  and  Iffn/er, 

See  also  Suketysiiip;  Guaranty. 

Bubrogation  defined 6,  p.  4941,  §  3046 

does  not  arise  by  contract 6,  p.  41142,  §  3046 

wbo  entitled   to  be   subrogated  to   right  held   by   or  ginal 

creditor 6,  p.  4942,  §3047 

mortgagee  who  has  piiid  prior  mortgage,  or  other  encum- 
brance, entitled  to  be  snbrogated  to  the  rights  of  en- 

cumljrancer  whose  char;;e  he  lias  j)aid 6,  p.  4944,  §  3048 

surety  or  guarantor  paying  debt  has  samj  rights 6,  p.  4i)4f),  §  3(149 

mortgageor  entitled  to  subrogation  when 6,  p.  4947,  §  3050 

strangers  or  volunteers  not  entitled  to  subrogation 6,  p.  4'J4S,  §  3051 

merger  of   mortgage  arises  only  when  entire  title,  equitable 

as  well  as  legal,  becomes  vested  in  same  person.  .6,  p.  4950,  §  3052 

doctrine  never  favored  at  law 6,  p.  4950,  §  2(i52 

illustration  of  merger  of  mortg.ige 6,  p.  4950,  §  3052 

in  what  cases  merger  of  mortgage  docs  not  take  place.  .6,  p.  4952,  §  3053 

7.  Satif/action  and  JJisr/ufrge. 

payment    before   day   prescribpil    ^=   •-^i'r'-ctir'r".    of    mort- 

gige 6,  p.  4955,  §  3054 

and  title  becomes  revested  in  mortgageor 6,  p.  4955.  §  3054 

even  though  mortgagee  refuses  the  tender 6,  p.  4955,  §  3054 

payment  after  law  day  does  not,  at  common  law,  revest  title 

in  mortgageor 6,  p.  4'^55,  §  3054 

aJiter  where  mortgage  is  mere  lien  upi>n  the  land ...  .6,  p.  4955,  §  3054 

cancellation  of  a  mortgage  upon  record  is  only  itrimafurie 

evidence  of  its  discharge 6,  p.  4956,  §  3054 

mortgagee  entitled  to  show  that  discharge  was  obtained  by 

accident,  mistake  or  fraud 6,  p.  4956,  §  3054 

presumption  of  payment  of  mortgage  on  account  of  expira- 
tion of  twenty  years 6,  p.  4956,  §  3054 

where  a  ninrtgagee  obtains  a  decree  of  foreclosure,  presump- 
tion of  payment  arises 6,  p.  4956,  §  3054 

if  mortgagee  purchase  premises  on  foreclosure  for  sum  equal 

to  mortga;.e  note,  he  sati.sfies  note 6,  p.  4956,  §  3054 

tender  after  conditions  broken  does  not  discharge  mort- 
gage   6,  p.  4957,  §  3()55 

renewal  of  note  or  judgment  on  it  does  not  discharge  mort- 
gage   6,  p.  4957,  §  3055 

in  what  other  modes  niortj.af.e  not  discharged 6,  p.  4958,  §  30"5 

who  may  give  satisfaction  of  mortgage 6,  p.  4960,  §  3056 

after  payment  or  performance  of  condition,  mortgage  is  in- 
ojierative,  and  cannot  be  held  as  security  for  any 
other  debt 6,  p.  4901,  §  3057 


MORTGAGES. 


6657 


Mortgages— (Continued. ) 

whether  mortgage  once  paid  can  be  revived  by  mere  verbal 

agreement  of  parties 6,  p.  4961,  §  3057 

mortgage  given  upon  homtstead  cannot  be  revived  by  Jius- 

band 6,  p.  49G1,  §3057 

•  form  of  discharge  immaterial,  unless  form  of  "  siilisfaction 

piece  "  prescribe!  by  statute 6,  p.  4902,  §  305S 

effect  of  parol  release  or  receipt  in  full 6,  p.  4'M'A,  §  3l)5S 

penalties  for  not  discharging  mortgage 6,  p.  4903,  §  3059 

8.   L'eileutjjfion. 

wiio  has  right  to  redeem  mortgage 6,  p.  4965,  §  3060 

who  has  not  right  to  redeem  mortgage 6,  p.  4900,  §  3060 

at  what  time  may  right  be  exercised 6,  p.  4900,  §  3061 

right  barred  after  expiration   of  statutory  time  after  fore- 

cl  sure 6,  p.  49GG,  §  3061 

contract  betWv,on  parties  extending  time  of   redemption  l)e- 

ytind  j)erii)d  limited  by  st.itute  enforced G,  p.  4967,  §  3061 

■where  no  statute,  redemption  may  be  had  after  foreclosure 
by  one  entitled  to  redeem,  who  was  not  party  to  fore- 
closure suit 6,  p.  4967,  §  3061 

where  right  of  some  is  barred  and  others  not,  latter  may  re- 
deem their  shares 6,  p.  4967,  §  3062 

mortgage  claim  must  be  paid  or  conditions  performed  before 

redemption  can  be  had 6,  p.  4967,  §  3062 

all  costs  and  fees   provided   for  in   mortgage  must  be  in- 

clude.l 6,  p.  4967,  §  3062 

purchaser  of  part  of  equity  cannot  reileem  portion  only. 6,  p.  4967,  §  3062 
mortgagee  must  be  paid  all  sums  advanced  by  him  to  satisfy 

prior  encumbrances 6,  p.  49G8,  §  3062 

person    seeking    to    redeem    after    foreclosure    must    Jiay, 

what 6,  p.  4963,  §  3062 

junior  mortgagee  must  redeem  prior  mortgage  entirely. 6,  p.  490S,  §  3062 

mortgageor  must  pay  all  taxes,  assessments,  etc 6,  p.  49G8,  §  3002 

■where  mortgagee  has  taken  possession,  he  is  liable  to  account 

in  equity 6,  p.  490S,  §  3063 

uj)on  redemption,  must  apply  rents  and  profits  toward  satis- 
faction of  principal  and  interest  owing,  after  deduct- 
ing proper  allowan -es 6,  p.  4968,  §  3063 

right  of  mortgagee  to  work  land 6,  p.  4970,  §  3063 

■where  he  personally  occupies  premises,  chargeable  with  fair 

rent 6.  p.  4970,  §  3063 

mortgageor  entitled  to  rents  and  prolits  accruing  after  tender 

of  redemption 6,  p.  4970,  g  3063 

mortgagee  in  possession  bound  to  keep  property  in  proper 

repair 6,  p.  4970,  §  3064 

for  cost  of  all  necessary  and  proper  repairs  he  will  be  alhiwed 

in  his  accounts 6.  p.  4970,  §  3064 


6658 


MORTGAGES. 


Mortgages— (Continued.) 

wlien  inortyagce  in  possession  mannges  estate  himself,  is  not 

allowed  to  charge  for  time  and  trouble 6,  p.  4070,  §  SOfiS 

may  appoint  agent,  however,  and  pay  him 6,  p.  4!»71,  §  '^0(j5 

rule  as  to  disbursements 6,  p.  4t)71,  §  .S0G5 

rule  as  to  taxes,  assessments,  insurance 6,  ]».  4071,  §  3065 

in  taking  account  between  mortgageor  and  mortgagee,  rents 
and  prolits  should  first  be  charged  against  interest 
accruing  for  like  period   as   such   rents,  and  bahince 

in  reduction  of  principal 6,  p.  4971,  §  3065 

if  rents  exceed  the  interest,  rests  should  be  made,  and  inter- 
est allowed  on  surplus 6,  p.  4072,  §  3065 

simple  interest  only  will  be  allowed  upon  debt 6,  p.  4072,  §  3065 

rule  as  to  rests  explained 6,  p.  4072,  §  3065 

9.  Foreclosure. 

strict  foreclosure,  what  is;  when  lies 6,  p.  4073,  §  3066 

statutory  method  of  foreclosure  must  be  followed 6,  p.  4074,  §  3066 

right  of  foreclosure  arises  as  soon  as  condition  of  defeasance 

is  broken 6,  p.  4074,  §  3067 

such  breach  occurs  when 6,  p.  4074,  §  30()7 

mortgageemiist  wait  until  last  installment  of  debt  is  due. 6,  p.  4075,  §  3067 
where  mortgage  debt  made  payable  on  demand,  no  demand 

necessary 6,  p.  4075,  §  3067 

indemnity  mortgage  cannot  be  foreclosed  until  surety  has 

been  danmiried   6,  p.  4075,  §  3067 

where  conveyance  absolute  in  form  is  in  fact  mortgage,  fore- 
closure may  be  had  as  though  mortgage  were  such  in 

form 6,  p.  4075,  §  3067 

by  whom  may  right  of  redemption  be  exercised 6,  p.  4076,  §  30()8 

who  necessary  parties  to  bill  to  foreclose  mortgage.  ..6,  p.  4976,  §  3068 
decree  operates  as  final  adjustment  of  rights  of  all  persons 

parties  to  suit 6,  p.  4078,  §  3069 

does  not  airect  those  erroneously  omitted 6,  p.  4078,  §  3069 

cannot  affect  rights  superior  to  those  of  mortgageor  and 

mortgagee 6,  p.  4978,  §  3069 

validity  of  decree,  however  erroneous,  cannot  be  ques- 
tioned on  collateral  attack 6,  p.  4078,  §  3069 

though  the  decree  set  aside  for  error  or  irregularity,  sale 
under  decree  will  transfer  whatever  title  mort- 
gageor had 6,  p.  4078,  §  3069 

title  of  bona  fide  purchaser  for  value  without  notice  cannot 

be  affected  by  error  in  decree 6,  p.  4078,  §  3069 

decree  obtained  by  fraud  void 6,  p.  4078,  §  3069 

foreclosure  decree  finally  fixes  amount  due;  no  objections  can 

be  made  to  issue  of  execution  for  deficiency. .  .  .6,  p.  4070,  §  3069 
decree  does  not  change  character  of  surplus  after  claim  un- 
der mortgage 6,  p.  4979,  §  3069 


M0BTGAGE3. 


6G59 


3067 


Mortgages— (Continued.) 

purchaser  under  decree  acquires  all   interest  of  mortgageor 

and  mortgagee 6,  p.  4979,  §  3070 

confirmation  of  sale  relates   back   to   date  of  delivery  of 

deed 6.  p.  4''80,  §3070 

what  purchaser  entitled  to,  crops,  fixture?,  rents 6,  p.  4980,  §  3070 

effect  on  deed  of  sale  under  foreclosure  set  aside  on  ap- 
peal  6,  p.  4980,  §3070 

writ  of  assistance  to  enforce  d'/livery  of  possession  to  pur- 
chaser at  sale  under  foreclosure   6,  p.  4982,  §  3071 

right  of  mortgagee  in  addition  to  bringing  suit  to  foreclose, 
to  maintain  ejectment  after  condition  broken,  and 
sue  on  note  or  other  obligation  at  same  time 6,  p.  49S3,  §  3072 

action  at  law  will  lie  to  recover  deficiency  after  sale  of  prop- 
erty   6,  p.  4984,  §  3073 

elfect  of  mortgageor's  bankruptcy 6,  p.  49SG,  §  3074 

See  Bankruptcy. 

implied  power  of  agent  to  foreclose  mortgage 1,  p.     103,  §      68 

(b.)  Ji/orlijnfjes  of  Pcraonalfi/.      10.    fn  Gihtral. 

chattel  mortgage  defined;  nature  of 6.  p.  4988,  §  3075 

on  breach  of  condition  mortgagee  may  assume  possession  of 

property 6,  p.  41)88,  §3075 

before  breach  mortgageor  is  entitled  to  possession  and  use  of 

property 6,  p.  49S9,  §  3075;  6,  p.  5012,  §  7084 

and  on  performing  condition  le!;al  title  revests  in  him. 6,  p.  4989,  §  3075 

after  breach  mortgageor  has  equitable  right  to  redeem,  not- 
withstanding liis  default 6,  p.  4989,  §  3075 

right  continues  until  foreclosed  by  judicial   proceedings,  or 

otherwise  barred  by  lapse  of  time  or  public  side.  .6,  p.  4989,  §  3075 

interest  of  the  mortgageor  of  personal  property  is  such  that 
execution  may  be  levied,  on  it  even  though  in  posses- 
sion of  mortgagee 6,  p.  4989,  §  3075 

distinction   between   mortgage,  a  pledge,  and  a  conditional 

sale 6,  p.  4990,  §  3076 

chattel  niortgnge  may  be  by  deed,  or  by  instrument  under 

hand  only 6,  p.  4993,  §  3077 

as  between  parties,  may  be  merely  verbal,  unless   required 

by  statute  to  be  in  writing 6,  p.  4993,  §  3077 

may  be  absolute  in  form,  accompanied  by  either  a  written 

or  verbal  defeasance 6,  p.  4993,  §  3077 

chattel  mortgage  under  seal  may  be  waived  or  altered  by 

subsequent  parol  agreement 6,  p.  4993,  §  3077 

no  specific  form  of  words  necessary  to  create  chattel  mort- 
gage   6,  p .  4993,  §  3077 

not  necessary  that  it  should*  empower  mortgagee  to  take 

possession  after  f'efault,  or  confer  power  of  sale.  .6,  p.  4993,  §  3077 

date  not  conclusive  evidence  of  time  of  execution 6,  p.  4993,  §  3077 


CGGO 


MORTGAGES. 


Mortgages— (Continued.) 

error  in  date  may  becc-rected  by  parol  evidence  if  mortfjage 

not  under  seal fc,  p.  499J,  §  3077 

if  mortgage  undated,  auch  evidenrie  permissible  to  show 

date  of  execution 6,  p.  4994,  §  3077 

statutory  forms  of  cluittel   mortgagis  are  not  exclusive  of 

other  forms 6,  p.  4994,  §  3077 

statutory  requisite  that  previous  mortgage  must  be  re- 
ferred to 6,  p.  4994,  §  3077 

description  of  property   must  be  such  that  it  may  be  iden- 

tiKed 6,  p.  4904,  §  3077 

de'cription  of  debt  or  liability  should  also  be  given  ,...6,  p.  499"),  §  3077 

note  secured  need  not  be  copied  into  mortgage 6,  p.  491)5,  §  3077 

who  may  give  a  chattel  moi  tgagc G,  p.  19;i7,  §  3978 

who  may  take  a  chattel  mortgage 6,  p.  4997,  §  3078 

what  chattels  and  interests  may  and  may  not  be  mort- 
gaged  6,  p.  4998,  §  3079 

accessions  to  titles  are  covered  by  mortgage  of  them 6.  p.  50u0,  §  3079 

title  to  ship  by  mortgage  of  vessel 3,  p.  2od0,  §  1421 

1 1    I'iijJtfsond  LiahHit'iM  of  Parties. 

mortgageor  in  possesbion  before  default  may  dial  with  it  as 

he  pleases 6,  p.  5010,  §  3084 

mortgagee,  in  abseuce  of  contrary  stipulation,  lias   rig-it  to 

immediate  possession 6,  5010,  §  3084;  6,  p.  5014,  §  3083 

trover  or  trespass  will  lie  by  moitgiigeor  against  mort^ijiigue 

for  disturbing  bis  possession 6,  p.  501 1,  §  3084 

mortgagee  may  sue  these  persons  for  injury  to  property  .6,  p.  5011,  §  3084 
either  mortgageor  or  mortgagee  may  maintain  an  action  for 

injury  to  mortgaged  chattels 6,  p.  5011,  §  3084 

mortgageor  in  possession   not   obliged  to  account   for   rents 

and  profits  6,  p.  5011,  §  3084 

where  mortgageor  mixes  his  goods   with  others,  all   become 

subject  to  mortgage 6,  p.  5012,  §  3084 

mortgageor  cannot  release  his  equity  of  redemption. . .  .6,  p.  5  )1'2,  §  3084 
within  what  time  must  right  to  redeem  be  exei'uised. .  .6,  p.  5013,  §  3084 

payment  or  tender  of  debt  must  be  first  made 6,  p.  5013,  §  3U84 

as  soon  as  the  mortga.;ee'3  possession  becomes  adverse 
to   mortgageor,    the   period   of   limitation   begins   to 

run 6,  p.  5013,  §  3084 

part  payment  after   forfeiture   is   waiver  of   forfeiture,  and 

time  for  redemption  begins  to  run  from  d.ite 6,  p.  5013,  §  3084 

mortgagee  may  have  action  for  damages  to  reversionary  in- 
terest, even  though  he  has  not  right  to  immediate  pos- 
session  6,  5014,  §  3085 

where  mortgagee  has  just  ground  for  apprehending  loss  or 
injury  to  property,  receiver  may  be  appointed  before 
breach  of  condition 6,  p.  5014,  §  3085 


MORTGAGES.  (JCGl 

Mortgages— (Continued. ) 

ri^ht  of  mortgagee  to  seize  and  sell  property  wliere  "  he 

feels  unsafe  or  insecure" q   p.  50I 5  §  30S5 

mortgagee  may  purchase  equity  of  re.len.ptii.n 6,  p.  5015,'  §  30S5 

remedies   of    mortgagee   of  chattels   after  breach   of    con- 

.  '''*J°" 6,  r..  501 5,  §  30S5 

how  much  property  may  mortgagee  sell.  6,  p.  511.-,,  §  .-Jos.-,;  6,  5017,  §  3^85 
right  to  foreclose  barred  after  lapse  of  time  witliiu  which  an 
action  at  law  might  be  brought  for  possession  of  j  r..p- 

,        ^''^^ 6,  p.  5016,  §  3085 

where  m^.rtgage  contains  power  of   sal.-,  mortgigeu's  ri.-hts 

are  cumulative " 6.  p.  oOlG,  §  3085 

notice  of  sale  not  necessary;  private  sale  good Q,  ,,.  5^17^  §  3035 

no  warranty  of  title  on  sale  under  power  of  sale  in  mortjjage 

of  chattels c  ^,^    -,,,-    n  ornn: 

liability  to  account  for  income  or  profits   attaches  to  mort- 

gagee  in  possession 6,  p.  .o017,  §  30S5 

mortgagee  liable   for   ordinary  neglect  in  management  and 

preservation  of  property 6,  p.  5017,  §  30S5 

rights  and  liabilities  o:  assignee  of  mortgagcor 6,  p.  5;H  S,  §  30S(> 

of  assignee  of  mortgagee 6^  p.'  5Jiy,'  §  3087 

tr.ver  between  mortgageor  and  mortgagee  for  conversion  of 

10    p       ,1"'\^t^': 7,  p.  5G91,  §  .W9 

12.  I- rami i( lent  Mort'jafjes. 

where  fraud  attaches  to  any  part  of  property,  it  affects  en- 
tire security 6,  p.  .5021,  §3088 

t>arties  cannot  by  parol  agreement  render  valid  a  mf)rt_'aL:e 

which  is  fraudulent  in  la w 6,  p.  5021    §  ,3088 

where  part  of  debt  to  secure  which  mortgage  was  given  is 

.        '"'^''^-  • : 6,  p.  5021,  §  3088 

where  execution  of  mortgage  is  procured  under  circum- 
stances  of    duress,    fraud   or  misrepresentation,  it  is 

.       '^''^""y  ^o'^ 6,  p.  5021,  §  3088 

that  mortgage  is  given  to  secure  payment  of  larger  amount 

than  actually  due  not  conclusive  of  fraud 6,  p.  5021,  §  3088 

that  mortgage  is   fraudulent   as   against    creditors  does  not 

invalidate  it  as  between  parties 6,  p.  5022  §  ,?0S8 

mortgageor  remaining  in  possession  as  evidence  of  fraud  6,  p.  5022,  §  3089 
mortgage    given    to    hinder    and    defeat     creditors    v.iid, 

'^'^^'^ e,  p.  5024,  §  3090 

in  absence  of  statutory  prohibition,  debtor  may  prefer  cred- 
itor by  mortgage  or  otherwise 6.  p.  502f;   §  .3091 

parties  related  to  each  other  raises  suspicion  of  bonafih'X.G,  p.  5u26,  §  3091 
where  debtor  in  failing  circumstances  gives  mortgage  to  one 

creditor,  a  circumstance  indicating  fraud 6,  p.  5027   §  3091 

whether  mortgage  was  made  in  usual  course  of  business  a 

questiou  for  jury 6.  p.  5027,  §  3091 


GG62  MORTGAGES— MUNICIPAL  CORPORATIONS. 

Mortgages— (Continued.) 

jurisdiction  to  set  aside  frsudulcnt  mortgage  of  chattels  is 

in  state  courts 6,  p.  5027,  §  3091 

permission  to  niortgagcor  to  sell  property  in  usual  course  of 
business   renders    mortgage    fraudulent,   when    and 

where 0,  p.  502S,  §3002 

Municipal  Bonds. 

See  Bonds;    Municipal  Corpohations. 
Municipal  Corporations. 

1.  I'OW  tUS  AND  LlABIUTIES, 

2.  Okfickus  and  Agknts. 

3.  Okdinancks  and  By-Laws, 

4.  Torts  of  MrNifiPAL  Coiiporations. 
1.  I'liwcrs  and  LiabiUlks. 

municipal  corpora. ions  defined;  what  constitutes  the  "cor- 
poration"  7,  p.  6182,  §3919 

what  are  nuasi  coriior.itiona 7,  p.  61  S3,  §  3920 

are  created  by  state 7,  p.  0184,  §  3921 

charter  or  amendments  need  not  be  accepted 7,  p.  6184,  §  3  '22 

legislature  cannot  divest  corporation  of  its  property. . .  .7,  p.  CIS.'),  §  3922 

form  of  grant 7,  p.  6185,  §  3923 

legality  of,  cannot  be  collaterally  attacked 7,  p.  6185,  §  3923  ' 

authority  of,  may  be  pioved  by  charter  or  act 7,  p.  OlSli,  §  3924 

or  by  reputation 7,  p.  6160,  §  3924 

charter  or  act  of  incorporation  of  municipality  will  be  judi- 
cially noticed 7,  p.  618.5.  §  3924 

alitm-  as  to  ordinances  and  by-laws 7,  p.  6185,  §  3924 

charter  may  be  altered  or  repealed  to  what  extent 7,  p.  6186,  §  3925 

municipal  corporations  possess  only  such  powers  expressly 
granted,    or  necessary  to  carry   into  effect  powers 

granted 7,  p.  61S8,  §3926 

doctrine  of  ultra  vires  applied  with  greater  strictness  to 

municipal  bodies 7,  p.  618S,  §  3926 

municiiJal  corporation  not  estopped  from  denying  valiility 

of  contract  made  by  ollicers 7,  p.  6188,  §  3926 

discretionary  powers  of  corporation  will  not  be  judicially 

contndled 7,  p.  6188,  §  3927 

corporation  may  delegate  its  powers  to  agents  or  commit- 
tees  7,  p.  6189,  §  3923 

aliti'r  as  trt  its  discretionary  powers 7,  p.  6190,  §  3929 

when  duty  imposed  on  corporation  is  imperative  and  when 

dis  retionary 7,  p.  6191,  §3930 

construction  of  "  may  "  and  "  it  may  be  lawful " 7,  p.  6191,  §  3930 

implied  powers  of  muuicipal  corporation 

to  become  surety  or  guarantor 7,  p.  6192,  §  3931 

to  sue 7,  p.  6192,  §  .3932 

to  compromise  claims 7,  p.  6192,  §  3932 


3922 


MUNICIPAL  CORPORATIONS.  6063 

Municipal  Corporations— (Continued.) 

to  emplciy  attorneys 7^  p.  G102,  §  3033 

to  purchase  and  hold  property 7.  p.  61  !)3,  §  3934 

to  hold  property  in  trustor  in  gift 7,  p.  6194,  §  3935 

tooonvey  property 7,  p.  6i96,  §  3936 

to  morti,'a^'e  property 7,  p.  G19(3,  §3937 

to  borrow  money 7,  p.  619(5,  §  3938 

to  issue  bonds 7,  p.  6197,  §  3933 

to  issue  or  to  subscribe  to  stock 1,  p.  GIO,  §  343;  7.  p.  6'2i)f),  §  3947 

express  limitations  as  to  indebtedness  construe  ion  of... 7,  p.  G198,  §3939 
linutation    in   constitution   a<,'ainsfc   state  indebtedness  does 

not  limit  city  or  municipal  indebtedness 7,  p.  6198,  §  3939 

prohibition   on   municipal   authorities  going  beyond  certain 

limit  does  not  bind  legislature 7,  p.  6198,  §  3939 

power  of  municipal  corporation  to  offer  reward 7,  p.  6199,  §  3940 

has  power  to  fit  up  and  furnish  proper  quarters  for  itt  of- 
ficers  7,  p.  6200,  §3941 

to  build  scliool  house,  or  town-ha'l 7,  p.  6200,  §  3941 

special  authority  to  repair  public  building  gives  no  power 

to  erect  new  one 7,  p.  6200,  §  3941 

power  to  rebuild  or  repair  gives  authority  to  determine  on 

P''in 7,  p.  6201,  §  3941 

city  has  right  to  allow  building  to  be  used  for  other  pur- 
poses, either  gratuitously  or  for  compensation. .  .7,  p.  G201,  §  3941 
power  to  appropriate  money  for  purchase  and  maintenance 

of  fire  engines 7,  p.  6202,  §  3942 

power  to  forbid  erection  and  compel  removal  of  combustible 

buildings  within  thickly  settled  portion  of  town. 7,  p.  6202,  §  3942 
fact  that  one  had  already  dug  cellar  and  con'racted  for   ma- 
terials and  erection  does  not  exempt  him  from  opera- 
tion of  ordinance 7,  p.  6202,  §  3942 

city  may  summarily  tear  down  wooden  structure  erected 
within  designated  fire  limits,  and  dangerous  on  ac- 
count of  fires 7,  p.  C202,  §  3942 

or  destroy  buildings  to  prevent  the  spread  of  fire 7,  p.  C202,  g  .S942 

city  may  restrain  acts  injurious  to  public  health 7,  p.  G203,  §  3913 

has  powe*-    to  indemnify  officers  against  liability  incurred 

in  discharging  duty 7.  p.  6204,  §  3944 

no  authority  to  contract   or   vote  money  for  entertaining 

guests  or  other  persons 7,  p.  6205,  g  3945 

or  for  celebrating  holidays  or  other  events 7,  p.  6205,  §  3945 

authori'y  of  city  to  impound  and  forfeit  trespassing  ani- 
mals  7,  p.  6205,  §  3946 

liability  of  city  for  damage  done  by  impounded  animals. 7,  p.  620G,  S  3946 

power  of  municipal  corporatiim  to  make  contracts 7,  p.  620S,  §  3948 

no  power  to  make  contracts  which  will  embarrass  or  control 

legislative  powers  and  duties 7,  p.  6208,  g  3948 


6064 


MUNICIPAL  CORPORATIONS. 


Municipal  Corporations  -(Continued.) 

nor  contr.ioti  proliihitod  l)y  clinrter  or  law 7,  p.  6209,  §  3949 

ooQtracts  with  olFiijera  or  agents  — pursnna   lionnd  to   know 

limits  (if  authority 7,  p.  G209,  §  3950 

corporation    has    an    iiniilied    power    to    adnpb    corpoiato 

seal 7,  p.  (i210,  §3951 

contracts   need  not  be   under  seal,  unless  so  rccjuired  hy 

charter 7,  p.  0210,  §  3951 

contracts  may  he  made  hy  ordinance,  or  hy  rpsolution     7,  p.  CJIO,  §  3952 
bound  hy  implied  as  hy  written  contracts  while  acting  witli- 

in  the  scope  of  autliority 7,  p-  <)2I0,  g  3952;  7,  p.  C215,  §  3955 

contract,   specially   authorized   by   ordinance,   can   only  be 

altured  by  ordinance 7,  p.  6210,  §  3952 

when  mode  of  contracting  prescriljed  by  statute,  that  mode 

must  be  pursued 7.  p.  6210,  §  3953 

duty  of  municipal  corporation  to  let  contracts  to  lowest 

bidder 7,  p.  G2I2,  §  3954 

contracts  of,  ultra  vins,  not  hindiiif; 7,  j).  6216,  §  3950 

contracts  of,  in  violation  of  law,  not  binding 7,  p.  ()217,  §  3956 

corporation     may    ratify    unauthorized     contracts     of     its 

agents 7,  p.  6217,  §  3957 

ratification,  how  ma.le 7,  p.  6218,  §  3957 

municipal  corporation  can  only  be  dissolved  by  act  of  leiiis- 

laturo 7,  p.  6219,  §  3958 

suit  pending  at  time  of  repeal  may  be  revived  against  new 

corporation 7,  p.  6219,  §  3958 

new  corporation  created  in  place  of  old,  bound  by  judgment 

against  old  one 7,  p.  6219,  §  3958 

name  of  corporation  may  bo  given  it  by   statute,  or  by 

usage 7,  p.  6219,  §3959 

where  name  is  given  by  statute,  it  cannot  be  changed  by 

corporation 7,  p.  6219,  §  3959 

grant  to  corporation  by  wrong  name,  good 7,  p.  6219,  §  3959 

boundaries  of  corporation:  may  be  changed  by  legislature; 

elFect  of  change 7,  p.  6220,  §  3960 

2.   Officers  and  Aijentst. 

no  implied  power  to  appoint  officers  except  as  named  in 

charter 7,  p.  6223,  §  39G1 

qualifications,  duties,  etc.,  of  officers  prescribed  by  charter 

must  be  strictly  followed 7,  p.  6223,  §  3961 

city  may  abolish  office  during  term,  when 7,  p.  GJ23,  §  3961 

council  is  judge  of  election  and  qualifications  of  its  officers; 

decision  not  reviewable 7,  p.  6223,  §  3961 

term  of  office  of  municipal  officers 7,  p.  6224,  §  3962 

resignation  of  office;  different  forms  of 7,  p.  6225,  §  3963 

officers  can  claim  only  such  compensation  as  is  given  them 

by  charter,  ordinance  or  contract 7,  p.  6226,  §  3964 


MUNICirAL  CORrORATIONS.  6GG5 

Municipal  Corporations -(rontinncd.) 

dffiicU)  <  tlicer  cannot  sue  for  ^ervioe9 7,  p.  C227,  §  3nfi4 

corponitidii  may  rtduce  or  retjulate  salaries  or  fees 7,  p.  (;_'J7,  §  S'JGt 

ollicer  cannot  claim  increased  pay  for  extra  duties 7,  p.  Gi';iS,  §  3i}(j4 

wliere  neither  duties  nor  compensation  of  city  solicitor  pre- 
scribed,  he  may  recover  what   they    are   rcasonaltly 

^■'"■t'' 1,  p.    ,^23,  §    107 

officer  removed  for  cause  cannot  recover  salary  for  remain- 
der of  term 7,  p.  C229,  §  3964 

right  to  impose  lines  for  mi.-'Conduct  gives  no  right  to  impose 

f.irfi  iture  of  saiaiy 7,  p.  (3009^  g  39(54 

public  olliuers  not  liable  to  corporation  for  negligence  in  <.t!i- 

cial  duties 7,  p  02.10,  §  3965 

have  power  to  sue  commensurate  with  their  duties. .  .7,  p.  6230,  §  3966 
public  oliicur  required  to  account  for  money,  though  stolen 

without  his  fault 7,  p,  0230,  §  3967 

officers  not  personally  liable  on  contract 7,  p,  0231,  §  3963 

unless  tliey  contmct  without  authority 7,  p.  0i>31,  §  3!)f;8 

not  liaiile  fir  misconduct  or  mi-fcasanue  of  subordinates  7.  p.  6231,  §  3%9 
not  liable  for  errors  or  mistakes  when  acting  judicially. 7,  p.  (;231,  §  3I»70 

power  to  remove  ollicers 7.  p.  {\-2?,\,  §  3i»71 

corporate  meetings;  town  meetings;  tlec  ive  council. .  .7,  p.  62.33,  §  3972 

wha    is  a  quorum,  what  nundjer  may  act 7,  p.  G233,  §  3973 

regular  and  special  meetings,  notice  of;  what  things  may  be 

considered  at 7,  p.  6235,  §  3974 

mode  of  voting  at  corporate  meetings;  what  number  of  votes 

f'^qwi'-^'l 7,  p.  623.-.,  §  3975 

right  to  rescind  what  was  done  at  former  meetings 7.  p.  623.").  §  3975 

right  to  adjourn 7,  p.  C235.  §  3975 

riglit  of  clerk  to  amend  records 7,  p.  6236,  §  3975 

mayor  of  city,   rights  and  powers  of 7,  p.  023(),  g  3976 

city  council,   how  ccmiposed,  rights  and  powers  of 7,  p.  6236,  §  3977 

governing  body  <  annot  delegate  authority 1,  p.      27,  §      27 

5.   Oriliiiducex  and  By-Lavs. 

what  are  ordinances;  distinguished  from  resolutions 7,  p.  623S,  §  397S 

effect  of  ordinan.  ea;  need  not  be  published 7,  p.  6239,  §  3973 

power  of  municipality  to  pass  ordinances 7,  p.  6239,  g  .3979 

power,  how  c  .nstrued;  when  general  power  not  implied.  7,  p.  6240,  §  3980 
necessity   for   ordinance     need     not   be     expressed    on    its 

^*"^ 7,  p.  G24I,  §3981 

ordin.ance  must  be  reasonable 7^  p.  6211    §  39S1 

reasonableness  of  an  ordinance  is  for  the  court 7,  p.  G .'4 1 ,  §  39S1 

illustnitions  of  ordinances  held  unreasonable 7,  p.  6242,  §  39S1 

ordinance  must  be  general;  nmst   not  m  ike  an  act  done  by 

one  perso.i  penal,  and  by  another  innocent 7.  p.  6244,  §  3981 

must  be  fair  and  im[)art  al   7,  V.  6244,  §  39S1 

must  not  contravene  common  right 7,  p.  6244   §  3981 


CGGO  MUNICIPAL  CORPOnATIONS. 

Municipal  Corporations— ((.'ontinucd.) 

muiit  bo  certain,  both  in  its  ilufiuition  of  oflense  and  pcnixlty 

attiielied 7,  p.  G215,  §  3D31 

by-law   nitt   iiiii:urtnin     bouaiiMO     ))oiialty   is   disorotionary; 
or.liiiaiice  must  nut  ucjiilliut  with  uunstitutiun  or  laws 

of  state 7,  p.  GJ 13,  §  3931 

by-law   imposing  I'me  for  nuiiiicipal   ollonse  not  invalid  bc- 

caiisto  auuli  aot  also  punishud  by  statute 7,  p.  G24.'»,  §  3931 

charter  method  of  passiii'^  onlinaMCL's  must  bo  followed. 7,  p.G^lo,  §  39S2 
ordinance     may     provide    for     tines     and     penalties     for 

breach 7,  p.  G2-1G,  §  3933 

corporation    umler  general   power  to  make  by-laws  cannot 

order  forfeiture  of  property 7,  p.  G24G,  §  3934 

power  expressly  given,    can  only   be  exercised  after  iluo 

notice  and  hearing 7,  p.  G247,  §  3984 

by-law  directing   penalty  to  be  levied  by  distress  and  sale 

or  forfeiture  of  goods  voiil 7,  p.  G217,  §  3934 

power  to  line  does  not  iuidude  power  to  forfeit 7,  p.  G247,  §  3984 

ordinance  re(|uiring  street  railroads  to  report  (juarterly  num- 
ber of  passengers  carried  vali<l 2,  p.  10^3,  §    5G8 

regulation  of  gis  companies  by  mu  i^'ipal  corpf)rations.  .2,  p.  1017,  §    572 
power  of  municipality  to  order  inii)risonnient  for  breach  of 

ordinances 7,  p.  C247,  §  3985 

municipal  ordinances  bind  both   inhabitants    and   strangers 

com  ng  MJthin  territory 7,  p.  G243,  §  3980 

not  affected  by  fact  that  boundaries  enlarged  from  time  to 

time 7,  p.  G249,  §  3986 

one  part  of  city  may  be  exempted  from  operation  of  by- 
law without  atf'eeting  validity  as  to  remainder. .   7,  p.  0249,  §  3986 
ordinances  to  preserve  public  health  within  implied  power 

of  corporation 7,  p.  G249,  §  3987 

illustrations  of  sucli  ordinances 7,  p.  0249,  §  3987 

so  as  to  ordinances  for  the  public  safety;  illustrations.  .7,  p.  <)25i),  §  39S8 

ordinances  regulating  burial  and  cemeteries  valid 7,  p.  G2o2,  §  39S9 

corporation  has  implied  power  to   prevent   and   abate  nui- 
sances  7,  p.  02.12,  §  39TO 

corporation  has  power  to  snp\,>-(.'ss  lia'.v.'iy-houses 7,  p.  62."),"),  §  3991 

corporation  may  establish  and  retaliate  markets 7,  p.  023 G,  S  3992 

may  forbid  sales  or  purchases  of  marketable  articles   ex- 
cept at  certain  market-places 7.  p.  025G,  §  3992 

illustration  of  by-laws  concerning  markets  sustained. .  .7,  p.  0257,  §  3992 
corporation  may  regulate  manner  of  carrying  on  trade  within 

municipality 7,  p.  G2G0,  §  3993 

mayreipiirelici'nsefee  for  carrying  on  trade  or  business. 7,  p.  G2G(),  §3993 
illustrations  of  ordinances  sustained  under  this  p  >wer.7,  p.  G260,  §  39. )3 

ordinance  in  restraint  of  trade  void 7,  p.  G2GI ,  §  3993 

so  is  ordinance  which  grants  a  monopoly 7,  p.  0201,  §  3993 


MUNICIPAL  CORrORATION3. 


ci;c7 


3981 


Municipal  Corporations —(Continnod. ) 

autlt  irity  of  oorporation  over  8truut>i  tiiul  sidcwulk!!. . .  .7,  p.  tiJOH,  §  3004 
rif^lit  to  rtMniire  owiiora  of  proporty  to  koop  streut.i    .'mkI 

siilewalks  in  rep.iir 7,  p.  G'_'G3,  §  390i 

city   may  allow  owners  of   property  to  plant  shade   tnns  on 

street  without  ln-iiny  its  rif,'lit  over 7,  p.  0'2(i.",  §  3004 

city  may  re^'uhite  tra>  <  1   m  streets 7,  pp.  GLM.'),  (JiT'-'.  g,^  30!)  I,  3009 

city  may  regulate  use  ot  sidewalka 7,  \i[).  (i-Mli,  (VJT'J,  SS  30!t4,  3009 

rights  of  municipality  over  wharves 7.  p.  G'J(!7,  {i  3005 

where   the  mode  of  enfitreemciit  of  ordinanco   presurilied   hy 

charter,  that  mode  must  lie  piir-urd 7,  p.  0-f!0,  S  300(> 

if  mode  not  jjrescrihed,    recovery    of  penalty    or  line  may  ho 

by  debt  or  (issiiinimt   7,  p.  02(10,  §  309G 

repeal    of    ordinance    pending  pKjaeeutiun  releases  defend- 
ant  7.  p.  (!270,  §  3000 

in  sonic  states  recovery  of  penalty  is  a  criminal,  or  a '/'/'(-c/ 

criminal,  proceeding  7,  p.  G270,  §  3007 

but  generally  action  is  a  civil  one,  and  rules  of  civil  iiro- 

ccdure  apply 7.  p.  0270,  §  3007 

4.    Torls  III/  Miiiiic!/)  il  Corporations. 

legislatiro  has  full  and  paramount  authority  over  all  public 

places,  streets,  squares  and  commons 7,  p.  0271,  §  3003 

this  power  usually  delegated  to  municipal  corporations.  7,  p.  0271,  i;  3008 

power  of  city  as  to  gas  and  water  pipes 7,  p.  0272,  §  4000 

as  to  telegraph  poles 7.  p.  0273,  jS  4  01 

as  to  use  of  streets  by  railroads .7,  p.  (i273,  ;5  4002 

as  to  use  of  streets  by  horse  railroads 7,  p.  0275,  §  4003 

power  of  municiiiality  over  bridges 7,  p.  0277,  §  4404 

liability     of     municipality     for     defective      conditicai     of 

bridges 7   p.  0278,  §4104 

what  is  a  bridge 7,  p.  02S0,  §4405 

municipal  corporation  not   civilly  liable  for  injuries  caused 
by  its  acts,  when  such  acts  are  judicial  or  di.scretion- 

ary 7,  p.  G2S0,  §  4006 

failing  to  maintain  suitable  fire  department  or  provide  suf- 
ficient supply  of  water 7,  p.  02S1,  §  4006 

destruction  of  private  property  to  prevent  spread  of  fire.  7,  p.  02S1,  §  4006 

loss  of  property  destroyed  by  mobs 7,  p.  02SI ,  S  4000 

injuries  by  disorderly  persons  on  highways 7,  p.  02SI,  §  4006 

failing  to  pass  or  execute  ordinance 7,  p.  0281,  §  4006 

fai'ing  to  maintain  given  number  of  ofiicers  in  particular  de- 
partment   7,  p.  6281,  §  400G 

negligence  of  physician  for  poor 7,  p.  0281,  §  40JG 

injury  by  fireworks   discharged  by  citizens,    in  violation  of 

ordinance 6,  p.  0281,  §  4000 

injuries  arising  fr()m  neglect  and  violation  by  private   citi- 
zens of  ordinances 7,  p.  0281,  §  4006 


GGG8 


MUNICIPAL  CORPORATIONS — MUTUUM. 


Municipal  Covporations— (Continued. ) 

party   imprisoned   under  unconstitutional  ordinance  has  no 

acton  against  city 7,  p.  6281,  §4006 

not  liable  for  defe  tive  planning  of  iiublic  work 7,  p.  O-S'2,  §  4006 

nor  for  injury  for  failing  to  improve  street 7,  p.  ()28"J,  §  4006 

liable  for  delay  in  prosecution  of  public  work .7,  p.  C2S2,  §  4006 

municipal  corporation  is  liable  for  neylc'  t  of  duties  devolved 

on  it  by  law  or  its  charter;  iDustiation 7,  p.  628.'),  §  4007 

neglect  to  perform  duty — when  not  liable 7,  p.  0287,  §  4003 

when  liable 7,  p.  6288,  §  40U9 

corporation  not  liable  for  injury   caused    by  ultra    virta 

act 7,  p.  6289,  §  4010 

municipal  corporation  liable  for  maintaining  or  permitting 

a  nuisance 7,  p.  C290,  §4011 

municipal  corporation  liable  for  trespass  on  property  of 

others 7,  p.  6292,  §  4012 

duty  or  corporation  in  executing  public  works — degree   of 

care  required 7,  p.  629.3,  §  4013 

establishing  and  changing  grades  of  streets 7,  p.  62'.)4,  §  4U14 

drains  and  sewers 7,  p.  0297,  §  4015 

liability  for  non-repair  of  hij^hways 7,  p.  6301,  §  4016 

damage  must  be  special  to  plaintiff 7,  p.  6;>0.'},  §  4017 

notice  to  corporation  of  defect  necessary 7,  p.  63j4,  §  4013 

duty  of  corporation  to  remove  and  repair  obstructions  in 

highways 7,  p.  6308,  §  4019 

notice  of  defects  in  road  must  be  posted  by  corporation.  7,  p.  6312,  §  4020 
liability   of  municipality  for  objects  on    highway    which 

frighten  horses 7,  p.  6312,  §  4021 

liability  of  city   for  injuries   caused  by  defects    lU    side- 
walks  7,  p.  6314,  §  4022 

not  bound  to  remove  snow  and  ice  from  sidewalks 7,  p.  6317,  §  4023 

liable  fur  allowing  such  quantities  to  accumulate  or  cause  in- 
jury to  traveler 7,  p.  6317,  §  4023 

no  authority  to  require  property  owner  to  remove  snow  and 

ice  from  sidewalk 7,  p.  6318,  §  4023 

where  corporation  has  paid  for  injury,  it  may  recover  against 

third  person  who  caused  it 7,  p.  6319,  §  4024 

where  city  maintains  shade  trees,  lot-owner  not  liable  for  in- 
jury by  falling  limb 7.  p.  6320,  §  '*024 

liability  of  municipal  corporations  for  torts  of  its  officers  or 

agents 7,  pp.  0321-6322,  §§4025-4026 

Uusical  Instrumento. 

wiien  a  nuisance 3>  p-  4875,  §  3007 

Mutuality. 

See  Contracts. 
Mutuum. 

what  is 4,  p.  2907,  §  1096 


NAMES — NEGLIGENCE.  CGU'J 

Names. 

See    CoRPon.vTioNs,    Deeds,    Mortgages,    Mi-xiriPAL    Corporations, 
I'ARTNKnsirip;  Tkadkmarks. 

corporation  not  dissolved  by  use  of  abbreviation  of  its  cor- 
porate name t     ^       QIK    a     Kn- 

right  of  religious  societies  to  change  name 2,  p^  1094,  §    (joj) 

one  whose  relations  to   co-parvnership  are  expressed    in  the 

"  <fe  Co.,"  not  a  dormant  partner 2,  p    I'JOC,  §    G41 

estate  of  deceased  partner  not  liable  where  after  his  <leath 

executors  allow  his  name  to  remain 2,  p.  1209,  §    C42 

federal   court    cannot   prevent   organization   of  corporation 

bearings  ime  name  as  that  of  fore  gn  corporation  doing 

business  in  state 1    ,''  01  s  r  n.^ 

.V    .  , .  ■*•)  P-  oi.>,  g  ,14^/ 

that  corporatmn  is  misnamed  in  contract  not  material...  1,  p.  638,  §  372 
devise  on  condition  that   dcvi,ee   sha  1   change  his  name 

,ff,.   7'^-;- ;••••••. 6.p.4511,§27G7 

ettect  ot  mistakes  or  defects  in  names  of  grantors  or  grantee-. 

in  deeds  of  conveyance 5,  pp.  3790-379.3,  §§  226S  2"'C9 

payee  of  iMstiument  designated  by  wrong  name  or  name  un- 

spelled  may  indoise  it  as  described 4   „  9701    SK.-.T 

National  Banks.  *.  p.  ^--1,  S  loo7 

See  Banks  a.nd  Banking,  3. 
Necessaries. 

See  Husband  and  Wife,  4;  Parent  and  Child,  3,  4. 
Necessity. 

See  Fire  Ltcense. 
Negligence. 

of  directors  of  bank,  see  Banks  and  Banking,  4. 

of  attorney  at  law,  see  Attorney  and  Clikxt,  7,  8. 

of  directors  of  corjiorations,  see  Corporations,  4. 

of  agent,  see  Principal  and  Agknt. 

See  Apctions,  2;   Bailments;   Brokers  and  Factors,  3; 

CoRPOR.vrroNs;    Co.sts   and   Fees;    Landlord    Ind 

Tenant;  Municipal  Corporation.s,  4;  JS' euligence; 

Proximate  and  Remote  Cause. 
of  guardian,  see  Guardian  and  Ward,  3. 
See    Damages;    Fire;    Insurance;    Negotiable    Invbst. 

ment;  Beglstration;  Sheriff's  I'artner.ship. 
injuries    by  escape   of  water,    see   Wateiis  and   Wateb- 

course-^,  5. 
in  securing  support  to  land,  see  Easement.s. 
of  medical  men,  see  I'HYsifiANs  and  Sukgeons.       < 

1.  Dangerous  Agencie.s. 

2.  Injuries  on  Real  Propi:rtv. 

3.  Injuriks  o.n  1      awAYs. 

4.  Injuries  by  Railroads. 

6.  What  is  Neoligenck;  Evidence  op. 
Lawson  k.  &,  R ^ii^. 


GG70 


NEGLIGENCE. 


Negligence— (Continued.) 
6.  Contributory  Xkolkjence — i.v  Generau 

(a.)  Anim  ds. 

(1).)  Can'iern, 

(c.)  Injuries  on  niglncaijs, 

(d.)  Injuries  by  liailroiuU, 

(e.)  Innkeepers. 

(f.)  Master  and  Servant, 

(g.)  Tckgrophs. 

(h.)  Other  Cases, 
1.   Danijerous  A'jcncies.  , 

keeping  j^unpowder,  nitro  glycerine  or  other  explosives,  a 

nuisance;  keeper  liable  for  injury  caused  thereby. 3,  p.  1975,  §  1143 

person  liable  for  injuries  caused  by  escape  of  noxious  gases 

or  liquids 3,  p.  197G,  §  1U3 

lessee  may  maintain  action  against  one  wlio  has  laid  gas- 
pipes  so  imperfectly  that  gas  escapes  t'.itrefrtim.  .3,  p.  1976,  §  1143 

one  planting  noxious  tree  prnjocting  over  an  adjoining  laud 
is  lialilu  f  ,r  an  injury  to  catde  caused  by  their  eating 
the  leaves 3,  p.  197G,  §  1143 

new   inventions   in    machinery   may   be   exhibited,   though 

dangerous 3,  p.  1977,  §  1143 

person  shipping  dangerous  goods  by  carrier  liable  for  injury 

caused  by  them 3,  p.  1977,  §  1143 

carrier  not  liable  without  notice  of  their  danger  us  qu  di- 

ties 3,  p.  1977,  §  1143 

person  selling  or  letting  dangerous  or  noxious  articles  liable 

for  injury  caused  thereby 3,  j).  1979,  §  1144 

as  per.son  selling  illuminating  (luids 3,  p.  1980,  §  1144 

liability  for  selling  gunpowder  to  infant 3,  p.  19S0,  §  1144 

vendor  of  article  not  in  itself  dangerous  not  liable  for  inju- 
ries received  by  one  who  uses  it  with  consent  of  pur- 
chaser  3,  p.  19S0,  §  1144 

liability  for  negligent  use  of  fire-arms 3,  p.  1982,  §  1 145 

of  oflicers  of  militia  for 3,  p.  1984,  §  1145 

owner  of  steam-boiler,  when  liable  for  explosions 3,  p.  19S7,  S  1 14(J 

liability  for  injuries  caused  by  blasting  rocks 3,  p.  1988,  g  1147 

landlord  letting  premises  infected  with  contagious  disease 

liable 3,  p.  1990,  §  1148 

person   employing   workman   to    do    work    on    infected 

house 3,  p.  1990,  §  1 148 

liability  of  city  authorities  for  neglect  in  removal  of  small- 
pox patients 3,  p,  1990,  §  1148 

person  taking  sick  family  to  boarding-house 3,  p.  1991,  §  1148 

public  caterer  liable  for  injury  by  unwholesome  fiod. .  .3,  [).  1990,  §  114S 

county  not  liable  to  inmates  of  jail   which  causes  them  to 

become  sick  and  diseased 3,  p.  1990  n,  §  114S 


NEGLIGENCE. 


CG71 


2006,  g  1152 
200G,  g  ljr)2 
200S,  §  llo.'l 


N"egligence~(Continued. ) 

liabUity    of    gaa    companies    for    injuries    through    necrli- 

gence.         2,  pp.  1U24-1029,  §    577 

^.   Injunes  on  Real  Property.  »3      •' 

owners  of  premises  owe  no  duty  toward  sight-seers  or  tres- 

.JT'^'l"--- 3.  p.)  992,  §1149 

nght  to  set  springguns  in  defense  of  property 3,  i>.  jyyj  §  l  JoO 

liabUity  for  injury  caused  by  springguiis 3,'  p."  199.",,'  §  1 150 

liability  for  killing  animals  with  poisoned  food 3,  p.  igys,  §  1 150 

owner  or  occupant  of  premises  must  keep  them  safe  for  per- 
sons expressly  or  imjditdly  invited 3,  p.  1999_  §  nsj 

proprietors  of  places  of  public  resort  must  keep  thei  safe  for 

,    J''""'^' 3,  p.  2000,  §1152 

but  are  not  warrantors  of  safity  of  structures 3,  p.  2007,  §  1 152 

public  halls  must  be  kept  in  safe  condition 3]  p. 

churches  must  be  kept  in  safe  condition 3 '  p. 

vessels  must  be  kept  safe  for  passengers 3,'  p. 

public  wharves  and  piers  must  be  kept  safe  for  those  using 

,  „  *''.''°' ;••; 3,  p.  2008,§1153 

toll  brulges  must  be  kept  safe  for  passengers 3,  p.  oqiq,  §  11,53 

injuries  from  defective  condition  of  leased  property ...  .3,  p.  2012*  §  1154 

when  les- or  liable 3,  p.  2012,  §  1154;  3,  p.  2017,' §  1155 

when  lessee  liable 3,  p.  2012,  §  1154;  3,  p.  2017,  §  1155 

habihty  of  landlord  to  tenant  for  dangerous   condition  of 

Itemises. 3.  p.  2023,  §  1156 

excavation  in  ones  land  near  highway,  liability  for  injury 

^!^"^^^^^y-: 3,  p.  2023,  §1157 

excavation  in  pubhc  street,  liability  for  injury  caused  by.3,  p.  2025,  §  1153 
areas  under  sidewalk,  liability  for  injuries  caused  by.  .3,  p.  202(),'  §  1159 
objects    falling    upon    travelers    from    buildings,    liability 

^""'^ ;  •  V  • 3,  p.  2028,  §  IIGO 

owner  occupant  of  lot  not  liable  for  injury  to  passer-by  from 

fall  of  rotten  limb  of  tree 3^  p,  2030,  §  HCO 

sufTcring  snow  and  ice  to  gather  or  remain  on  roof,  liability 

of  owner  or  occupier  for  injury  to  passer-by 3,  p.  2031,  §  1161 

householder  not  liable  for  injury  to  pedestrian  from  snow 

or  ice  on  sidewalk 3,  p.  2031,  §  llGl 

even  when  requued  by  ordinance  to  remove  it 3,  p.  2031,  §  UGl 

liability   of   telegraph   company   for  injuries   by    wires   in 

streets...... 3,  p.  2032,  §  1162 

leaving  or  maintaining  object  on  highway  which   frightens 

horses,  liability  for 3,  p.  2033,  §  11G3 

permissible  obstructions  in  streets: 

building  materials 3   p   .,^^.^  g  j,g^ 

storag- of  goods 3,  p.  20.35,  §  1 1 64 

'^\^^^^^^' 3.p.2035,§llG4 

'•"^^ 3,  p.  2035,  3  UGl 


6G72 


NEGLIGENCE. 


Negligence— (Continued.) 

wa^'on  unloading  goods 3,  p.  2036,  §  11C4 

persons  using  highway  for  games  or  sports  liable  for  inju- 
ries to  travelers 3,  p.  2037,  §  1164 

3.  Injuries  on  Jlhjlnvai/i.    (See  also  2.) 

liability  for  injury  oauseil  while  driving  on  highway..  .3.  p.  2rt3S,  §  1165 

one  not  li-nitcd  to  particular  rate  of  spueil 3,  p.  2033,  §  11C5 

that  piaintilF  was  at  time  of  acoiduiit  violating  law  will  not 

prevent  recovering  fur  injury  on  higliway 3,  p.  2039,  §  1 165 

law  of  road:  driver  must  keep  to  the  right 3.  p.  2041,  §  1 IC6 

in  what  cases  law  of  road  does  notapjily 3,  p.  2042,  §  1166 

pedestrians  and  vehicles  have  equal  rights  on  highway,  and 

of  each  is  required  care 3,  p.  2043,  §  1167 

relative   rights  of  hi)rseman  and  vehicle  and  horseman  and 

pedestrian »..3,  p.  2043,  §  1167 

company  having  "right  of  way"  while  going  to  a  fire  is 
not  relieved  from  liability  for  injury  caused  by  negli- 
gence   3,  p.  ^043  «,  §  1167 

that  driver  of  carriage  was  intoxicated  relevant  on  ques- 
tion of  care 3,  p.  2043  n,  %  1 167 

bicycle  is  a  "carriage  " 3,  p.  204o,  §  1 1()7 

rights  and  duties  of  persons  cross  ng  street 3,  p.  204J,  §  1167 

persons  laboring  upon  the  highway  entitled  to  jirotection  as 

against  passing  vehicles 3,  p.  2045,  §  1167 

right  of  persons  infirm  from  disease  to  walk  on  high- 
way  3   p.2045,§1167 

liability  for  injury  by  runaway  horses 3,  p.  2046,  §  1163 

leaving  horse  unhitched  in  city  street 3,  p.  2047,  §  1163 

contributory  negligence  on  highways 3,  p.  2048,  §  1169 

See  Contributory  NEGLir.ENfE. 
tenant  of  house  liable  for  injury  to  pedestrian,    caused  by 
negligence   of  carpenter   employed    by  him  on  build- 
ing,  1,  p.  511  n,  §    294 

4.  InjnrifH  by  liailroads. 

liability  for  negligence  in  care  of  tracks  in  streets 3,  p.  2060,  §  1175 

railroad  running   trains  in  usual  manner  not  responsib  e  for 

damages  caused  by  horse  taking  fright 3,  p.  2061,  §  1176 

what  is  and  what  is  not  negligence  in  management  of  en- 
gine or  train  causing  horse  to  take  fright 3,  p.  2C62,  §  1176 

liability    for    injury    caused    by    obstructing    streets    by 

trains 3,  p.  2064.  §  1177 

injnnps  to  tnvelers  by  street  cars 3,  p.  20l)6.  §  1178 

where  nilroad  track  crosses  public  highway,  traveler  and 
railroad  have  equal  rights,  but  traveler  muat  yield  to 
approaching  train 3,  p.  2071,  §  1180 

obligations  of  railioals  and  travelers  on  highways  mutual, 

same  degree  uf  care  required  of  each 3,  p.  2071,  §  1180 


KEGLIGENCE. 


6673 


Negligence-(Continued. ) 

where  track  laid  alon,'  public  street,  traveler  has  right  to 

cross  at  any  point .".  3,  p.  2071 ,  §  11 80 

tle^jTee  of  care  rwiuireil  of  railroad  at  crossings   3,  p.  207.%  §  1181 

rate  of  speed,  what  allowed,  wiien  ne-li^'ciir.. 3,  ,,.  '207-i,  §  1182 

duty   of  railroad  to  give  waraiug   by  whistlinj;  or  rinf,'ing 

.,     ^'^'^ 3,  p.  207(5,  §1183 

evidence  as  to  giving  of  signals 3    ,,_  oQjy^  §  1184 

fadure  to  erect  g.tes  at  crossings,  negligence  when 3,  p.  207!),  g  1185 

to  have  flagman  at  crossings,  negligence  wliun 3.  p.  2Jr<J,  §  1185 

obstructions,  either  natural  or  ai  tiricial,  which  obscure  pass- 
ing  trains  from  approaching  travelers,  ilemaiid  exer- 
cise of  increased  vigilance  I)y  railroatL 3,  p.  2081,  §  1186 

making  running  or  flying  switch,  negligence  when 3,  p.  21J83,'  §  1187 

backing  cars,  negligence  when 3^  j,_  20H'.i,  §  1 187 

duty  of  railroad  as  to  persons  walking  on  its  tra.k 3,  p.  2007,  §  1192 

as   to   persons    on   its     track     by     permission    of     coin- 

i'^'^y 3,  p.  2099,  §  1193 

as  to  pers  'US  on  track  by  license  or  custom 3,  p.  2100,  §  1194 

o.    JV/i(U  is  ^'eijliijetice—Ei-iih-nre  «f. 

negligence  is  non-observance  of  or  omission  to  perform  duty 
prescribed  by  law,  or  which  arises  from  situation  of 

P*'"'^''^^  ■  •• 3,  p.  2145,  §  1213 

no  negligence  where  no  duty  to  be  vigilant 3,  p.  2145,  §  1213 

in  what  cases  presumption  of  negligence  arises  from  hapi)en- 

ing  of  accident 3    p  0145^  §  1213 

in  what  cases  negligence  a  question  of  law;  in  what  a  ques- 
tion of  fact 3,  p.  2149,  §  1214;  3,  p.  2155,  §  1215 

6.   Confrihiitorij  Xeijliijince — In  Gcnrml. 

contributory  negligence  of  plaiutilf  a  bar  to  action  for  negli- 

gent  injury 3^  p.  2102,  §  1195 

illustrations  of  this  rule 3^  ,,   2104   §  1195 

same  degree  of  care  retiuired  of  woman  as  of  man 3,  p.  2104,  §  1195 

in  admiralty,  both  parties  being  in  fault,  damage  is  appor- 
tioned between  them 3,  p.  2106,  §  1196 

but  at  law  contributory  negligence  is  a  bar 3,  p.  2IO6   §  1196 

allter  where  injury  by  plaintilfs  negligence  is  capable  of 
distinct  separation  and  apportionment  from  that  pro- 
duced by  defendant's  negligence 3,  p.  2107,  §  1196 

mere  passive  fault  or  negligence  of  plaintiflF,  he  may  recover, 
if  defendant  fails  to  exercise  ordinary  care  and  pru- 

^^^"'^^ 3,  p.  2107,  §  1196 

defendant  may  prove  contributory  negligence  of  plaintilf  to 
reduce  damages  upon  a  hearing  in  damages  after  over- 
ruling of  defendant's  demurrer 3,  p.  2107,  §  1196 

negligence  of  plaintilf  to  bar  recovery  must  have  been  pr.ix- 

imate  cause  of  injury. 3,  p.  21O8,  §  1198 


6674  NEGLIGENCE. 

Negligence — (Continuefl.) 

slight  iie^^ligeiice  contributory  to  the  injury  will  not  prevent 

lilaintitf  from  recovering 3,  p.  2107,  §  1197 

plaiutiU'  barred  from  recovering  damages  only  where  injury 
could  h:ive   been  avoided  by  exercise  of  ordinary  or 

reasonable  care  on  his  part 3,  p.  2107,  §  1197 

where  defendant's  act  is  willful  or  reckless,  plaintiff's  negli- 
gence nut  a  bar 3,  p.  2107,  §  1197 

failing  to  anticipate  another's  fa  It 3,  p.  2109,  §  I'JOO 

want  of  <  are  produced  by  defendant's  wrong 3,  p.  2110,  §  1201 

intoxication  as  contributory  negligence 3,  p.  2111,  §1202 

acting  erroneously  through  sudden  fear 3,  p.  2114,  §  1203 

ende  ivoring  to  save  life  of  another 3,  p.  2117,  §  1204 

rule  of  "comparative  neglig(.'nce"   in  Illinois,  Georgia   anil 

Kansas 3,  p.  21 19,  §  1 205 

dees  not  prevent  recovery  by  plaintiff  for  defendant's  negli- 
g'  .u  former  was  doing  act  contrary  to  statute, 

c  )c      i  law 3,  p.  2121,  §  1206 

that  peiiou  a  ties^passer  not  an  excuse  for  wantoidy  injur- 
ing him 3,  p.  2123,  §  1207 

child  of  ttndi"  age  it      t  be  guilty  of  contiibutoiy  ncgli- 

ligencc 3,  p.  2123,  §  1203 

liability  for  injury  to  trespassing  children 3,  p.  21  ".'5,  §  1209 

imputed  negligence  of  parents  or  guardian  of  children. 3,  p.  2132,  §  1210 
imputed  negligence  whei-e  passenger  injured  by  concurrent 
negligence   of  third    person    and   carrier    in    whose 

charge  he  was  at  time 3,  p.  2141,  §  1211 

burden  of  proof  of  contributory  negligence 3,  p.  2144,  §  1212 

(a.)  Aiiiinnls. 

in  action  against  railroad  for  injury  to  stock,  contributory 

negligence  of  owner  a  defense 3,  p.  253G,  §  141 1 

contributing  to  defect  iu  fence,  or  permitting  cattle  to  es- 
cape  3,  p.  2536,  §  1411 

failing   to  notify  railro.id    of   defect    in  fence  known  to 

him 3,  p.  2536,  §1411 

failing  to  repair  division  fence  which  he  is  under  legal  duty 

to  repair 3,  p.  253(>,  §  1411 

perniiting  cattle  to  run  at  large 3,  p.  2536,  §  1412 

contributory   negligence    in   actions     for   injuries   by    ani- 
mals  3,  p.  2506,  §  1387 

of  children  in  playing  with  dangerous  animals 3,  p.  2598,  §  1387 

(b.)  Carriers. 

carrier  of  passengers  not  liable  for  injury  to  passenger  which 
latter,  by  ordinary  attention  to  his  own  safety,  might 

have  prevented 4,  p.  3280,  §  1922 

if  injury  could  not  have  been  avoided  by  exercise  of  ordinary 

care,  the  carrier  will  be  liable 4,  p.  3280,  §  1922 


NEGLIGENCE. 


CG75 


Negligence— (Continued.) 

arm  or  head  out  of  window  not  nej^ligence  ppr  ae 4,  p. 

contrilmtory  nfij,'ligince  to  ride  on  locomotive 4,  p. 

or  on  top  of  cattle-car 4,  p. 

riding  in  baggage-car  with  consent  of  conduct'.r  not  contrib- 
utory negligence 4,  p. 

riding  on  platform  not  negligence  /irr  .sc 4,  p. 

standing  near  bow  of  ferry-boat  when  not  landing,  not  negli- 
gence   4,  p. 

jumping  from  train  while  in  motion   is  eontrilnitory  negli- 
gence   4.  p.  3-.'.S5,  §  l!)-2o;  4,  p. 

except  when  danger  is  slight 4,  p.  32S5,  §  102.");  4,  y. 

or  circumstances  of  great  necessity  justify  it 

4,  p.  3285,  §  1025;  4,  p. 

not  constituting  negligence  to  jnmp  f ro!u  street  ear 4,  p. 

passenger   may  jump   from   vehicle   to    escape    threattnt.d 

danger 4,  p. 

contributory  negligence  for  passenger  not  to  use  means  [iro- 

vided  to  get  on  or  off  trains 4,  p. 

to  try  to  i)ass  under  train 4,  p. 

to  go  back  into  burning  car  to  attempt  to   save  prop- 
erty   4,  p. 

to  go  into  parts  (  f  boat  not  designed  for  passengers.  .4,  p. 
not  negligent  for  passenger  to  board  train  at  place  other 

than  platform 4,  p. 

or  in  standing  up  in  car  to  view  scenery 4,  p. 

or  in  leaving  seat  and  standing  in  passage-way  of  car  on  ap- 
proach of  train  to  station 4,  p. 

or  in  standing  in  aisle,  and  making  preparations  to  leave  by 

brushing  and  plaiting  child's  hair 4,  p. 

or,  having  entered  car,  and  finding  no  seats  vacant,  continu- 
ing to  stand,  looking  about  for  seat 4,  p. 

or  to  stand  at  door  of  car 4,  p. 

or  to  keep  hand  on  door  of  car 4,  p. 

nor  for  passenger  on  boat  to  sit  down  under  small  boat  sus- 
pended on  deck 4,  p. 

nor  for  passenger  on  excursion  train  to  use  running  boards 

on  side  of  car 4,  p. 

nor  for  passenger  to  stand  up  in  street-car 4,  p. 

nor    for    woman    to  wear  wide   skirts   which   catch   in 

wheels 4,  p. 

if  passenger  afflicted  with  physical  or  mental   disability, 
known  to  carrier,  latter  bound  to  extend  to  him  in- 

creased  care  and  watchfulness 4,  p. 

carrier  must  use  due  care  toward  intoxicated  person. .  .4,  p. 
duty  of  carrier  does  not  extend  to  imprisonment  of  passen- 
ger   4,  p. 


3250,  §  102:? 

3281,  §  llt.>i 

3251,  §  ;'J2-l 

32S1,  S  HI'-'4 

3282,  g  lit24 

32S3,  §  1024 

3290,  §  1027 
3290,  §  1927 

3290,  §  1927 
32SG,  g  1925 

3287,  §  1926 

3288,  §  1927 
3288,  S  1927 


32110,  §  1027 
3289,  g  1027 


3288,  ^  1927 
3280,  §  1927 

32-.0,  §  1927 

3280,  §  1927 

3289,  §  1927 
3280,  §  1927 

3290,  §  1927 

3289,  §  1927 

3290,  §  1927 

3290,  §  1927 

3291,  §  1927 


3292,  §  1928 

3293,  §  1928 

3293,  §  1928 


CG76  NEGLIGENCE. 

Neglig'ence— (Continued. ) 

carrior  is  under  greater  duty  as  to  care  in  case  of   infant 

traveliny  al(<ne  tlian  in  case  of  adult 4,  ji.  3293,  §  192S 

negligence  of  person  in  charge  of  infant,  when  iniputi-d  to 

infant 4,  p.  3294,  §  1929 

passenger  not  so  identified  with  carrier  that  contributory 
negligence  of  latttr  will  bar  his  recovery  for  inju.y 
caused  by  fault  of  tliird  person 4,  p.  3295,  §  1930 

carrier  is  responsible  for  injury  to  passenger  caused  by  con- 
current negligence  of  cirrier  and  third  person. .  .4,  p.  3295,  §  1931 

negligent  to  get  upon  street-car  on  side  upon  which  there  is 

another  parallel  track 4,  p.  3307,  §  1940 

passenger  should  notify  conductor  or  driver  of  his  wish  to 

alight 4,  p.  3307,  §  1940 

need  not  kee?»  his  seat  until  car  comes  to  stop 4,  p.  3;}U7,  S  1"'^'40 

not  negligence  per  se  to  get  oU"  or  on  front  platform. .  .  .4,  p.  33U7,  §  1940 

of   pedestrian  or  driver  of   vehicle  iu  street  attempting  to 

board  or  pass  btreet-car 3,  p.  20G9,  §  1179 

(c).  Injuries  on  Uijhioays. 

person  cannot  recover  for  injuries  occasioned  by  defect  or 
obstruction  in  h  ghway,  where  he  did  not  use  ordi- 
nary care  in  avoiding  it 3,  p.  2043,  §  11G9 

not  required  that  person  shall  have  his  eyes  constantly  upon 

road  or  side  walk 3,  p.  2048,  §  1169 

what  not  constituting  negligence  on  highways 

3,  p.  204S,  §1109;  3,  p.  2050,  §  1170 

contributory  negligence  of  child  using  highway  for  games  or 

sport 3,  p.  2051,  §  1170 

what  is  and  what  is  not  proper  use  of  highway 3,  p.  2051 ,  g  1 170 

negligence  in  drivi'  g  at  high  rate  of  speed 3,  p.  2052,  §  1 171 

negligence  in  allowing  incompettnt  persim  to  drive 3,  p.  2U5.'},  §  1 171 

degree  of  care  required  in  driving  at  night 3,  p.  '2053,  §  1 1 72 

efl'ect  of  driving  skittish  horse 3.  p.  2054,  g  1 173 

or  with  defective  vehicle  or  harness 3,  p.  2u54,  §  1173 

knowledge  of  defect  in  highway  not  conclusive  evidence  of 

negligence  in  attempting  to  pass  it 3,  p.  2056,  §  1174 

person  not  obliged  to  keep  away  from  street  because  he 

knows  or  sees  defects  in  it 3,  p.  205G,  §  1174 

person  with  poor  .-ight  must  use  greater  care  in  streets  to 

avoid  dangers  than  those  with  good  sight 3,  p.  2058,  §  1174 

so  of  one  far  advanced  in  years  and  feeble 3,  p.  2058,  §  1174 

(d)  Iiijuricti  by  Jiailmads. 

contributory  negligence  of  traveler  bars  his  recovery,  though 

railroad  has  been  negligent 3,  p.  2083,  §  1 188 

duty     of     traveler     at     railroad    crossing     to    look    and 

listen 3,  p.  2084,  §  1189 

other  acts  of  contributory  negligence  at  crossings 3,  p.  2089,  §  1190 


KEQLIGENCE.  tiU77 

Negligence-  (Continnort. ) 

iJCi-dDiis    under   jiliysioal  disaliilities,    duty  to  exercise   in- 

oicased  care 3.  p.  20'13,  §  1 1 91 

deaf  pursins 3,  j..  2  »!)+,  §  1101 

pers  1113  with  defeutive  u^usi^'ht 3,  [i.  '_»(t:)i,  §  1191 

cliil'lion 3,  ,,.  -jiiiU,  §  1191 

persons  so  wrapped  up  as  not  to  be  aide  to  ln';\r 3,  \>.  -Ji)".)!,  >?  1 191 

duty  an  1  liability  of  railroad  to  perso  i  walking  on  trauk.3,  p.  2(J9J,  §  1192 
tresdpa-iser  on   railroad   trauk   injured  by  appruacliing  irain 

guilty  of  contributory  negligence 3,  p.  2007.  §  1 192 

contril)utory  ne^digence  to  go  to  sleep  on  track 3,  p.  20  '7,  §  1 192 

to  walk  or  sit  down  there  while  drunk 3,  p.  2  i97.  §  1 102 

to  crawl  under  cars  which  have  tcnipurarily  stoi)pcd..3,  p.  20!t7,  §  1102 

to  stand  between  two  tracks  while  train  pas.^ea   3,  \>.  2u'JS,  g  1192 

persons  at  work  on  the  right  of  way,  have  right  to  rely  upon 

company  giving  theni  notice  of  approach  of  trains.3.  p.  2000,  §  1193 

80  of  persons  having  business  with  railroad 3,  p.  2(10. i,  g  119;] 

porsons  on  track  by  license  or  custom  not  trespa.ssers.  .3,  p.  2100,  §  1 194 

liability  for  injunes  to  trespassing  children 3,  p.  212j,  §  1209 

(e.)  Iiiiikce/iers. 

innkeeper  not   liable    for    loss    caused    by    negligence    of 

g'"st 4,  p.  30G7,  §  17S5 

guest  who  brings  chattcds  to  inn  peculiarly  liable  to  waste 

or  escape,  should  notify  iniikeiper 4,  p.  30G7,  §  17S5 

not  contributory  negligence  to  keep  one's  money  and  valu- 
ables   by   him,    instead   of   de^jositing   them   in   inn 

safe 4,  p.  30G7,  §  1785 

nor  to  neglect  to  lock  one's  door,  although  furnished  with  a 

key 4,  p.  30G7,  §  1785 

nor  to  be  intoxicated,   and  thereby  not  hear  a  tliief.  .4,  p.  3007,  §  1785 
nor  not  to  inform  innkeeper  that  there  is  no  lock  on  door 

of  his  room 4.  p  sons,  §  1785 

nor  to  consent  to  share  room  with  stranger 4,  p.  3uG8,  §  1785 

it   is   contributory   negligence   to   careles.sly   expose  before 
strangers  box  of  valuables  in  a  [uiblic  room  and  leave 

it  there 4,  p.  20C8,  §  1785 

or  for  woman  to  unnecessarily    expose   jewelry  at   i  ublic 

table  at  hotel 4,  p.  30G8,  §  1785 

(f.)  Master  and  Servant. 

of  servant  in  failing  to  notify  master  of  defective  machinery 

etc 1,  p.    SCO,  §    313 

in  entering  or  continuing  in  service,  knowing  of  defect.  .1,  p.    554,  §    311 
infailingtonotify  master  of  incompetent  fellow-servant. 1,  p.    5G1,  §    313 
aliter  where  master  has  equal  knowledge  of  defect  of  serv- 
ant  l,p.    5G1,§    313 

servant  not  negligent  for  using  defective  machinery,  with 

knowledge  of  defects,  if  dangernot  imme.iiate.  ..1,  p.    561,  §    313 


6G78 


NEGLIGExNCE — NEOOTIALLE  INSTUUMENTS. 


Negligence— (Continued.) 

in    goiny    into    dangerous    situation   by     command    of 

master 1,  p.    5^1,  §    314 

in  disobeying  regulations  of  master 1,  p.    5G4,  §    315 

illustrations  of  otiier  casts  of  contributory  negligence  on 

jiart  of  servant 1,  p.    5G-1,  S    315 

not  contributory  negligonco  forbrakeman  to  atteinjit  to  \n  k 
up  cou]iling-piu  from  track  in  front  of  slowly  moving 

train 1,  p.    5CS,  g    316 

for  section-hands  to   run  handcar  over  track  ahead  of 

train  past  due 1,  p.     5()8,  §    316 

for  bagi^agi'-niaster  to  jump  from  moving  train  in  danger 

of  collision 1,  p.    0G3,  §    316 

for  locomotive  engineer  to  stick  to  his  post  in  face  of  dan- 
ger  1,  p.    COS,  §    316 

for  locomotive  engineer  to  run  engine,  knowing  air-brake 

to  be  out  of  order 1,  p.    5GS,  §    316 

(g.)    7\'lfijr<ip/i.i. 

damages  not  recoverable  where  sender  of  telegram  guilty  of 

negligence  contributing  to  loss 4,  p.  3^44,  §  1906 

as  where  his  writing  cannot  be  correctly  deciphered.  .4,  p.  3344,  §  1!)()6 

or  address  of  sendee  is  not  delliiite 4,  p.  33 14,  S  1!)G6 

or  where  message  is  for  illegal  object 4,  p.  3345,  §  1966 

(h.)     >>th<!r  Cdsfs. 

j.iilor  intrusting  bailee  whom  he  knew  to  be  unfit,  guilty  of 

contributory  negligence 4,  p.  2915,  §  1704 

of  owner  of  property   near  railroad  in  leaving  his  projurly 

exposed  to  tire  from  locomotives 3,  p.  2K)1,  §  13G3 

of  person  injured  by  explosion  of  gas 2,  p.  1030,  §    578 

principal  knowingly  employing  incomijetent  agent  caimot 

complain 1,  p.    128,  §      83 

negligence  of     client  does    not    affect    liability  of     attor- 
ney  1,  p.    303,  §    180 

in  action  on  accident  policy,  contributory  negligence  of  in- 
sured no  defense  unless  expressly  so  stated 5,  p.  3607,  §  2143 

not  contributory  negligence  to  erect   house  near  defective 

chimney 3,  p.  2447,  §  1354 

Negotiable  Instruments. 

See  Altkratio.v  of  Instruments;  Corporations;  Payment,  1. 

1.  Classes  of  Negotiable  Insthumkn ts. 

2.  Requisites  to  Negotiability  and  Form  of  Negotiable  Instruments. 

3.  Parties  to  Negotiable  Instuuments. 

4.  Maturity  of  Instrument. 

5.  afceitance  and  payment. 

6.  Protest  and  Notice. 

7.  Transfer,  Negotiation  and  Indorsement. 

8.  Discharge  of  Instrument. 


NEGOTIABLE  LNSTItUMilNTB. 


GLi7l> 


Negotiable  Instruments— (Continued.) 

1.   Ciisnes  of  Nejntinble  Inntrumeutx. 

nogotiablo  instimnents  (letiuud;  different  cLiases  of 4  n  "-,70  «  Uii 

bill  of  excha-,ge,  what  is 4'    "  .;--,;  '    '  ,: 

foreign  bills ^  '    ;. ';^' !  '^ '** 

"l""^'^'"^; 4.  p.  2.^0. §  ,445 

iff  "IT;-; 4,  p.  ..so,  §  144G 

elloct  of  payment  of  one  of  set 4   .,  .,-,y|    g  |j^j. 

promissory  note,  wbat  u [[[^  V  '^'-Sl,'  §  1447 

f'r^ff'^ 4.  p.  2.SI,  §  N4S 

b.llsofla.l.„g..    4.p.o,si.§,44!) 

negot<ab.i.ty  of 4,  p.  2VSL',  §  1449 

bonds  status  of 4,  p.  t.MSL>.  §  I4.-.1 

wliat  bonds  are  and  are  not  negotiable 4   p   o-j^.,   g  j^-j 

conpons,  negotiability  of '. . .  4^  p.'  2oS.s!  §  14-52 

certitioates  of  deposit,   negotiability  of 4,  p.  05JJ4'  g  14-53 

certilioates  of  stock,  negotiability  of 4,  p.  o-.'sj]  g  i^,-,^ 

receiver's  certificates,  negotiability  of 4,'  j,.  o't^ri,  §  I453 

treasury  notes,  negotiability  of .4,'  p."  ii'isr,'  §  14.-,4 

bank  bills,  negotiability  of 4 ' ,,    05.^5'  §  j^'-^ 

negotiable  instrument,  bank  book  not  a 3,  p.    g.^o,  §    s-js 

2.    HequmteH  of  Nejatiibility. 

must  be  made  p  lyable  to  person,  or  order,  or  bearer,  or  its 

equivalent '.  .4.  p.  25SG,  §  1455 

payable  to  particular  person,    M'ithout  more,  not   negoti- 

,       ''^'^•/••; .• 4.P-  258(5,  §14.55 

not  negotiable  where  payable  to  certain  person  only.. .  .4,  p.  2.180,  §  1455 
or  where  payable  to  order  of  one  as  "  trustee  " 4,  p.  2.")8G,'  §  1455 

payable  to  person  named  or  bearer  is  payable  to  bearer.4,  p.  2587^  §  1455 

note  payable  to  the  order  of  A.  B  maybe  sued  on  in  name  of 

A.  B.  without  indorsement 4^  p,  25S7   §  1455 

words  "negotiable  and  payable  without  defalcation  or  dis- 
count" do  not  impart  negofiability  to  instrument 
otherwise  non-negotiable 4,  p.  2587,  §  1 455 

effect  of  seal  on  bill  or  note  upon  its  negotiability 4,  p.  2587,  §  1456 

bill  must  contain  imperative  directions;   mere  permission 

to  person  or  a  precatory  request  not  sufficient. .  .4,  p.  2583,  §  1457 

insertion  of  words  of  courtesy  does  not  affect  bill,  if  direc- 
tion is  there 4_  p  25S8,  §  l<,v; 

"I.  0.  U.'s"  and  due  bills,  containing  no  promise  to  pay, 

not  promissory  notes 4^  p,  2589,  §  1458 

instrument,  to  be  a  valid  bill  or  note,  must  be  payable  un- 
conditionally and  at  all  events 4,  p.  2590,  §  1450 

order  or  promise  subject  to  happening  of  a  future  event,  or 
provided  certain  act  be  or  be  not  done,  not  a  bill  or 
^°^^ 4,  p.  2590,  §  1459 


G080 


NEGOTIABLE  INSTRUMENTS. 


Negotiable  Instruments— (rout intied.) 

bill  may  ho  ucueiituil  conditioniilly 4,  p.  f.'IO  »,  §  1  tno 

bill  ai)stiliito  in  form  may  bu  delivery  cnmlitiDiiiilly . .  .4,  p.  '_'."»'J0  ii,  9  1459 
note  ii:vyiil)li!  aba  ibitidy  at  certain  date,  and  carber  i)i()viilnl 

certain  event  hapiiens,  ne;,'iitialilu 4,  p.  2r)02,  §  ]i'>0 

bill  or  note  payable  out  of  particul.ir  fund  not  negotiable. 4,  p.  'Jo'.i.'i,  §  1  HiO 

aiiioiiiit  |)ayal>lo  miisit  bo  oertaiii 4,  p.  'J31J4,  §  14U1 

advUtion  to  sum  jiayablo  of  words,  "with  current  cxclianj^'c," 

does  not  render  instnuiioiit  non-negotiable 4.  p.  'JH^O,  §  1  "*' 

nor  the  words,  "  with  intere.-t" 4,  p.  '2oUQ.  §  ' 

order  or  promise  must  rerjuire  payment  to  be  in  money. 4,  p.  231)7,  §  140^ 
payable  in  goods,  wares,  merchandise  or  labor  not  a  valid 

note 4.  p.  'J'07,  §  1 102 

other  illustrations  of  notes  not  payable  "  in  money  ".4,  j).  25l(S,  §  141)2 
order  or  promise  mu.st  be  for  payment  <if  money  only;  must 

not  include  other  matters.  ...4,  p.  2:)l)8,  §  N(i.3;  4,  p.  2G01,  S  1404 
ue;^otiability  of  instrumei>t8  ai>pointiiig  the  payee  or  holder 
attorney  of  maker  to  confess  jndj,'ment  for  him  if  note 
is  not  paid,  or  waivinj^  the  luiielit  of  exemption,  ap- 
l)rais-!niontorhomesteadlaws.4,  p.  SoOH,  §  MO.'l;  4,  p.  2G01,  §  14G4 
nc^^otia'iility  of  notes  with  8ti|iulations  for  p.'iyment  of  at- 
torney's fees,  not  paid  at  maturity,  or  if  suit  insti- 
tuted upon  them 4,  p.  2599,  §  HfiS 

form  of,  requisites  of  as  to 4,  p.  2(j(il,  §  14G4 

writing  on  any  part  of  note  becomes  pa't  of  it 4.  p,  2002,  §  1^ 

instrument  may  be  signed  on  any  part  of  paper 4,  p.  2oU!{,  § 

signing  by  initials  is  suUici  nt 4,  p.  2(M4,  § 

or  by  mark,  witnessed  or  unwitnessed 4,  p.  2f)04,  §  1405 

name  need  not  be  signed 4,  p.  2004,  §  1405 

writing  may  be  in  pencil  as  well  as  in  ink 4,  p.  2004,  §  1405 

or  lithographed,  or  printed,  or  stamped 4,"  p.  2004,  §  1405 

mistake  or  grammatical  error  as  to  amount,  date,  time,  or 
place,  or  other  matter,  does  not  ell'ect  negotial>le  in- 

strum.mt 4,  p.  2004,  §  1400 

date  of  bill  or  note  not  essential 4,  p.  2005,  §  1407 

instrument  may  be  drawn  for  any  sum,  small  or  great.   4,  p.  2007,  §  14()8 
necessary  that  sum  be  properly  expressed  on  its  face.  .  .4,  p.  2007,  §  146S 

sum  in  bill  or  note  may  be  stated  in  figures  a'one 4,  p.  2007,  §  140S 

where  discrepancy  between  written  words  and  figures  in  mar- 
gin, former  govern 4,  p.  2G07,  §  1408 

jdace  of  making  need  not  be  stated 4,  p.  2007,  §  1409 

ellcct  of  note  drawn  in  one  place  and  payable  in  another  .4,  p.  2G(>7,  §  1409 
delivery  essential  to  validity  of  negotiable  instrument.  .4,  p.  2008,  §  1470 

v/liat  is  and  what  is  not  a  good  delivery 4,  p.  2008,  §  1470 

may  be  delivered  in  escrow 4,  p.  2612,  §  1471 

3.  Parties  to  Negotiable  Instruments. 

three  parties  to  bill  of  exchange  essential 4,  p.  2G12,  §  1472 


NEOOTIADLE  INSTUUilENTS.  GG81 

Negotiable  Instruments  -(f'ontinuml.) 

ii  tlittwtT  niid  ilr.iM'i't'  lie  hhiiio  jiorHuii,  or  if  diMwee  he  {\ctU 

tiiiii.s   pi-rsDii,  holilcr  may    treat  iiiHtruiiieut   eitlier  lis 

bill  of  fxcliiiii:,'e  duly  afii'|ite(l  or  hm  imto 4,  ]>.  '2Ci\'\.  §  1  <72 

two  jiftrtii'8  are  iit'cf.isary  to  iiri)iiiiMHiirv  "">" 4    p.  -iii;{,  §  1172 

promi«Ht)ry  note  cannot  bo  nude  payaldo  to  oiio  of  two  iicr- 

mms  in  tin-  altciiiativo 4,  p.  '.'(in,  S  1  *T2 

bill  must  l.esijuodbyd'iiwir 4.  p. '.Mi IS,  S  1*73 

drawer  may  ad<l  restrictive  or  (piaiifying  words 4.  p.  -iil:{,  S  1173 

drawee  mint  bo  desurilud  in  bUl  witli  ceitainty 4    i).  '-Ml  1,  i^  1474 

bill  may  bo  drawn  payiildt- to  drawee 4,  p.'-'()ll,S  l'7-t 

can  there  be  an  alternative  drawee 4,  \t.  201.")  n,  y  1475 

tlie  payee,  who  may  bo 4    p.  .(lit,  >!  1475 

parol  evidence  admissible  to  identi   ;  (uiyee 4,  \<.  'Jid."),  §  1475 

'  case  of  need,"  wliat  is ,  .4.  ]).  2015  h,  §  1475 

payee  of  promissory  note,  who  is 4,  p.  2()1G,  §  147i> 

parol  <  vidence,  when  admisbible  tovary  leiiiis   df  nf^,'otia- 

ble  instruments 4,  p.  2010  '2019  §  14:01477 

contemporaneous  written  agreements,  when  binding. ..  .4,  p.  2011),  §  1478 
maker  ot  note  may  authorize  another  to  sign  his  name.  .1,  p.     4  »,  §        3 

agent  to  bind  principal  may  sign  his  own  name 1,   p.    101,  §    101 

when  agent  personally  bouudj  c/e«c/»/><«V)jjt'rao/ue 1,  !>•    105,  §    103 

4.    Miituvity  of  Inslruinetit. 

when  bdl  or  note  payable  on  demand 4,  p.  2020,  §  1470 

no  demand  necessary  before  commencing  action  on  bill  or 

note  payable  on  demand 4,  p.  2021,  §  1479 

when  bill  or  note  payable  at  sight 4,  p.  '2021,  §  1480 

bill  or  note  may  be  payable  at  fixed  future  time,  or  at  fixed 

period  after  date,  or  after  sight 4,  p.  2021,  §  1481 

may  he  made  payable  at  indufinito  f.turo  time,  provided 

thati  m  ■  is  certain  to  arrive 4,  p.  2021,  §  1481 

may  be  payable  earlier  on  happening  of  contingency  4,  p.  2021,  §  1481 

days  of  grace,  when  and  when  not  allowed 4,  p.  2(i23,  §  1482 

nsuance,  what  is;  half  usnance 4,  p.  2023,  §  1483 

note  payable  certain  number  of  days  after  date,  day  of  date 

excluded  in  computation  of  time 4,  p.  2023,  §  1484 

"  month,"  meaning  of  in  bills  and  notes 4,  p.  2024,  §  1484 

consti  action  of   other  expressions  in  bills  and  notes  as  to 

time 4,  p.  23-24,  §  1484 

bill  falling  due  on  holiday,  if  entitled  to  grace,  falls  due  on 

preceding  day 4,  p.  2026,  §  1485 

if  not  entitled  to  grace,  falls  due  on  day  after 4,  p.  2026,  §  1485 

note  made  on  Saturday,  payable  one  day  after  date,  due  on 

Monday 4,  p.  2C2f?,  §  1485 

demand  of  pa\  ment  cannot  be  made  on  4th  of  July 4,  p.  2026,  §  1485 

notice  to  an  indorser  is  not  invalid  because  given  upon  a 

legal  holiday 4,  p.  262G,  §  1485 


f)682 


NEGOTIABLE  INSTRUMENTS. 


m. 


Negotiable  Instruments— (Continued. ) 

bill  or  note  may  be  made  payable  at  any  place,  or  no  place 
may  be  stated,  or  alternative  place  may  be  indi- 
cated  4,  p.  2G26,  §  1486 

where  no  special  place  of    payment,   it  is  payable  any- 
where  4,  p.  2G28,  §  I486 

6.  AiY<>j)taiice  and  Payment. 

presentment  for  acceptance,  when  necessary 4,  p.  2620,  §  1487 

presentment,  what  is 4,  p.  2t>29,  §  1487 

form  of  presentment 4,  p.  2()29,  §  1 487 

at  what  time  must  presentment  be  made 4,  p.  2().'}0,  §  1488 

at  what  place  must  presentment  be  made 4,  p.  2031,  §  148!) 

auy  person  in  possession  of  bill  may  present  it  for  accept- 

.ance 4,  p.  2631,  §  1490 

the  presentment  for  acceptance  must  be  made  to  drawee 
pers'.nally,  or  to  some  person  having  authority  to  ac- 
cept or  refuse  on  his  behalf 4,  p.  2631,  §  1491 

if  a  bill  drawn  on  two  or  more  persons,  presentment  to  one 

suthcient 4,  p.  2631,  §  1491 

wheu  drawee  of  bill  is  dead,  presentment  mast  be  made  to 

executor  or  administrator 4,  p.  2632,  §  1491 

drawee  has  right  to  retain  bill  for  twenty-four  hours,  .  .4,  p.  2632,  §  1492 
preseutment  for  acceptance  excused,  wheu  drawee  is  discov- 
ered to  be  fictitious  person 4,   i  2632,  J  1493 

or  a  person  not  having  capacity  to  contract 4,  ;■    '"632,  §  1493 

or  where  after  exercise  of  diligeuce  preseutment  cannot  b«. 

effected 4,  p.  2632,  §  1493 

or  where  drawee  is  not  in  funds,  and  the  drawer  has  no 

reasonable  expectation  that  it  will  be  accepted.  .4,  p.  2632,  §  1493 

acceptance  defiued 4,  p.  2(i33,  §  1494 

effect  of 4,  p.  2633,  §  1494 

recjuisites  of  acceptance  as  to  form 4,  p.  2633,  §  1495 

may  be  oral 4,  p.  2634,  §  14!  5 

may  be  made  at  what  time 4,  p.  2633,  §1494;  4,  p.  2641,  §  1499 

acceptance  need  not  be  dated 4   p.  2()37,  Jj  14!t6 

holder  entitled  to  general  and  absolute  acceptance 4,  p.  2()37,  §  14!l7 

qualified  or  conditional  acceptance;  effect  of 4,  p.  2637,  §1498 

acceptance  must  be  for  payment  iu  money . . ; 4,  p.  2641 ,  §  1500 

bill  mu:«t  b"?  accepted  by  drawee 4,  p.  2641,  §  1501 

rule  when  there  are  several  drawees 4,  p.  2642,  §  1501 

acceptance  supra  protest;  what  is 4,  p.  26 12,  §  1502 

rights  and  liabilities  of  acceptor  supra  protest 4,  p.  2643,  §  1502 

effect  of  non-acceptance 4,  p.  2644,  §  1503 

drawee  not  bound  to  accept  unless  he  has  expressly  or  im- 
pliedly agreed  to 4,  p.  2644,  §  1504 

requisites  of  promise  to  accept 4,  p.  2'i45,  §  1504 

effect  of  promise  to  accept 4>  P>  ^045,  §  1504 


NEGOTIABLE  INSTRUMENTS. 


GG83 


Negotiable  Instruments — ( Con ti nu ed .) 

measure  of  damu^cs  on  refusal  to  accept  draft 4,  p.  2047,  §  1505 

drawee  incurs  no  liability  to  the  holder  by  not  accepting 

bill;  no  privity  of  contract  between  tliem 4,  p.  2*548,  §  l;"0(j 

by  acceptance  acceptor  becomes  principal  debtor 4,  p.  2()4y,  §  1507 

by  acceptance   acceptor  admits   and  warrants   existence  of 

drawer 4,  p.  2049,  §  1508 

capacity  and  authority  of  the  drawer  to  draw 4,  p.  2050,  S  1508 

and   that  bill   is  drawn    upon    funds    of    drawer   in  his 

hands 4,  p.  2050,  §  1508 

genuineness  of  drawer's  signature 4,  p.  2050,  §  1508 

existence  of  payee  and  his  then  capacity  to  indorse 4,  p.  2(!50,  §  1508 

not  the  genuineness  of  his  indorsement 4,  p.  2050,  §  1508 

presentment  for  payment  condition  precedent  to  liability  of 

drawer  or  indorser  of  bill  or  iudorser  of  note. . .  .4,  p.  2050,  §  1509 
l)ayment    can   only   be    demanded   according    to    tenor    of 

bill 4,  p.  2051,  §  1510 

presentment   for  payment   of    bill   may   be   made   through 

post 4,  p.  2051,  §1510 

bil*  01"  note  must  be  produced,  and  person  presenting  it  be 

ready  to  deliver  it  up  on  payment 4,  p.  2051,  §  1510 

■when  not   produced,  but   payment   refused  on   some   other 

ground,  presentment  is  valid 4,  p,  2051,  §  1510 

bill  or  note  payable  on  demand  must  be  presented  for  pay- 
ment within  reasonable  time 4,  p.  2051,  §  1511 

■what  is  reasdnable  time  for  presentment  of  bill  or  note  is 

question  of  law 4,  p.  2052,  §  1511 

must  be  made  within  reasonable  hours 4,  p.  2()5.'5,  §  1511 

place  of  presentment 4,  p.  2054,  §  1512 

bill  or  note  payable  at  particular  phicc   miist  be  presented 

for  payment  at  that  place 4,  p.  2C54,  §  1512 

instrument  containing  no  place  of  payment  but  address  of  the 

drawee  or  maker  given,  payable  at  such  address. 4,  p.  2054,  §  1512 
dating  note  at  particular  place  does  not  make  that  the  place 

of  demand 4,  p.  2054,  §  1512 

■when  no  place  of  payment  designated  by  bill,  prcsentnient 

for  payment   should  be  made  to  drawee  or  acceptor 

at  his  place  of  business  or  residence 4,  p.  2055,  §  1512 

rule  ■where  drawee  or  acceptor  has   ren.oved  from  city  or 

state '. .  4,  p.  2050,  §  1512 

presentment  must  be  made  by  holder  or  his  agent 4,  p.  2058,  §  1513 

presentment  must  be  made  to  w  horn 4,  p.  2000,  §  1515 

liability  of  agent  for  neglect  in  presenting   bill  or  note  for 

payment 4,  p.  2059,  §  1514 

measure  of  damiiges  against  agent  for  neglect  to  present  bill 

or  note  for  payment 4,  p.  20'9,  §  1514 

presentment  for  payment,  ■when  excused 4,  p.  2001,  §  1510 


6684 


NEGOTIABLE  INSTRUMENTS. 


Negotiable  Instruments—  (Continued. ) 

waiver,  express  or  implied,  will  excuse  presentment...  .4,  p.  2GC3,  §  1516 
waiver  of  notice  of  dishonor  does  not  include  waiver  of  pre- 
sentment for  payment 4,  p.  2C63,  §  1516 

waiver  of  protest  includes  waiver  of  presentment  for  payment 

and  notice 4,  p.  2063,  §  1516 

waiver  of  notice  and  i)rotest  waives  demand  and  nf>tice  .4,  j .  "2663,  §  1516 
waiver  of  demand  is  waiver  of  notice  of  non-payment.. ..4,  p.  2G6.>,  §  1516 

what  will  not  excuse  presentment 4,  p.  i^CGS,  §  1516 

what  M'ill  excuse   delay  in   presentment  of  bill  or  note  for 

payment 4,  p,  2664,  §  1518 

when  bill  or  note  payable  generally,  presentment  for  payment 

not  requisite  in  order  to  charge  acceptor 4,  p.  2667,  §  1519 

nor  when  instrument  is  payable  at  particular  place 4,  p.  2C67,  §  1519 

acceptor  may  at  time  of  acceptance  make  presentment  a 

condition  precedent  to  his  liability 4,  p.  2667,  §  1519 

presentment  for  payment  is  not  condition  precedent  to  lia- 
bility of  person  who  has  given  guaranty  for  payment 

of  bill  by  acceptor 4,  p.  2067,  §  1519 

measure   of  damages  against  acceptor  for  refusing  to  pay 

bill 4,  p  2608,  §1520 

liability  of  drawer  of  bill 4,  p.  2008.  §  1521 

drawer  and  indorser  of  bill  jointly  and  severally  liable. 4,  p.  2668,  §  1521 
drawer  of  bill  warrants  existence  of  payee,  and  his  capacity 

to  indorse 4,  p.  2668,  §  1522 

bill  is  dishonored  by  non-payment  when  duly  presented  for 
payment,  and  payment  is  refused  or  cannot  be  ob- 
tained, or  when  presentment  for  payment  excused, 

and  bill  is  overdue  and  unpaid 4,  p.  2669,  §  1523 

holder  of  bill  dishonored  by  non-payment  acquire*  immediate 

right  of  recourse  ag<iinst  all  antecedent  parties. .  .4,  p.  2669,  §  1524 
6>  Protect  and  Notice. 

"  noting,"  eflfect  of;  what  is 4,  p.  2669,  §  1525 

protest,  requisites  of;  what  protest  must  contain 4,  p.  2609,  §  1526 

copy  of  bill,  or  bill  itself,  annexed,  and  statement  that  it 

is  in  notary's  hands 4,  p.  2669,  §  1526 

statement  of  panics  for  whom  and  against  whom    bill 

protested 4,  p.  2669,  §  1526 

date  of  protesting,  and  place  where  protest  is  made.  .4,  p.  2069,  §  1526 
statement  that  payment   was  demanded,   and  terms  of 

answer 4,  p.  2070,  §  1526 

reservation  of  rights  against  parties  liable 4,  p.  2070,  §  1526 

subscription  and  seal  of  notary 4,  p.  2070,  §  l."):26 

protest  only  necessary  in  case  of  foreign  bills 4,  p.  2670,  §  1626 

protest  of  checks  is  not  ueceasary 4,  p.  207i',  §  1526 

nor  of  certifiiates  of  deposit 4,  p.  2670,  §  1526 

nor  of  bank  bills 4,  p.  2670,  §  1526 


NEGOTIABLE  INSTRUMENTS.  6G85 

Negotiable  Instruments— (Continued. ) 

nor  of  inland  bills  of  exchange 4^  p,  0(370^  §  j 50Q 

nor  of  promissory  notes  4]  p'  o^to'  §  io'26 

nor  of  instruments  not  negotiible 4^  p.  267 1 '  §  lo^S 

aliter  by  statute  in  many  states 4^  p_  2(J7l'  §  1;j26 

protest  necessary  to  charge  drawer  and  iudorsers.  .4,'  p.  2671,'  §  1327 

who  mwy  make  protest 4  p_  2672'  §  IS'^S 

at  what  time  must  protest  be  made 4^  p.  2672^  §  \r)2'J 

at  what  place  must  protest  be  made 4,  p.  2673,'  §  1 530 

what  will  excuse  making  protest 4^  p.  2673,'  §  1  j:}l 

what  will  excuse  delay  in  making  protest 4,  p.  2673,'  §  1532 

protest  for  better  security 4^  „  2673*  §  1533 

notice  of  di>honor  essential 4^  p  2^73]  g  j^ij^ 

proof  of  notice,  how  made 4^'  p.  2674'  g  1534 

eflFect  of  not  giving  notice ^  .4,'  p."  2074^  g  1535 

must  be  given  by  whom 4,  p.  2675,  §  1536 

modes  of  giving  notice 4,  pp.  2676  2679,  §  1537 

time  of  giving  notice 4,  p.  2679,  §  153S 

time  of  receiving  notice 4   p  2680,  g  1539 

notice  of  dishonor  by  post 4,  pp.  2631-2638,'  §  1540 

party  receiving  notice  has  what  time  to  send  it  to  ante- 

cedent  parties 4,  p.  26S8,  §  1541 

to  whom  must  notice  be  given 4_  p_  2689  §  15 f 

acceptor  not  entitled  to ...!.".  .4^  p.  2692*  §  154-^ 

norguarantor 4  p.  2692^  §  1542 

form  of  and  requisites  of  notice 4^  p  2694  §  1543 

when  notice  of  dishonor  excused 4^  2697'  g  1544 

sickness  may  excuse  notice  of  dishonor 4'  r,   9(i<i<i'  s  1  -, . . 

When  notice  of  dishonor  not  excused 4   n  97ni    s  ir,ir 

notice  of  dishonor  may  be  waived 4^  p_  0703   »<  J54(j 

what  will  and  will  not  be  a  waiver 4.'  p'  2703  §  1546 

delay  of  giving  notice  of  dishonor,  when  excused 4,  p.  2709^  §  1547 

to  whose  benefit  notice  of  dishonor  enurei 4,  p.  2710'  §  1548 

usages  as  to  demand  of  negotiable  paper  and  notice  of  dis-' 

,    ^       /°""'' 4,  p.  2711,  §  1549 

7.  Iramfer,  JV-ffotiatlon  and  Indorsement. 

negotiable  paper  may  be    transferred    by  assignment    or 

,       "^3^ ; 4.  p.  2714,  §1550 

by  assignment  m  writing 4^  p  27J4,  §  ^^-,q 

by  voluntary  deed  declaring  a  trust *         4    p   "7 14   §  I  )50 

by  contract  of  sale ^l"  ;4,' p."  2714,' §  1550 

implied  warranty  on  part  of  a  seller  of  promissory  note  that 

there  is  no  legal  defense  to  an  action  upon  it 4,  p.  2714,  §  1550 

part  of  a  note  cannot  be  transferred  so  as  to  give  right   to 

sue  for  such  part 4,  p.  2714,  §  1550 

assignee  of  note  takes  it  subject  to  all  available  defenses  ex- 
isting at  time  of  assignment 4   D  '>TI4  si->-^ 

Lawson  R.  &  R.-4«j.  ■      '  ^'  "       '  ^  ^  '^ 


6686  NEGOTIABLE  INSTRUMENTS. 

Negotiable  Instruments— (Continued. ) 

no  warranty  that  maker  is  solvent 4,  p.  2714,  §  1550 

assignee  of  note  not  bound  to  give  maker  notice  of  assign- 
ment  4,  p.  2715,  §1550 

notes  assignable   by  statute,  but  not   negotiable;   duty   of 
holder    to    pursue    maker    before    resorting  to  as- 

sigaor 4,  p.  2715,  §  1550 

transfer  of  bill  or  note   payable  to  order  without  indorse- 
ment     4,  p.  2715,  §1551 

transfer  of  bill  or  note  by  delivery  witliout  indorsement. 4,  p.  2716,  §  1552 

what  transferrer  by  delivery  warrants 4,  p.  2717,  §  1553 

transferrer  by  delivery  warrants  that  bill  is  what  it  purports 

to  be 4,  p.  2717,  §  1553 

that  he  has  no  knowledge  of  its  invalidity 4,  p.  2717,  §  1553 

that  he  has  title  to  it 4,  p.  2717,  §  1553 

that  it  is  genuine,  and  not  fictitious,  forged,  or  altered. 4,  p.  2718,  §  1553 

that  indorsements  are  genuine 4,  p.  27 1 8,  §  1553 

that  maker  is  jolvent 4,  p.  2718,  §  1553 

but  not  that  it  is  drawn  against  funds • 4,  p.  2719,  §  1553 

or  that  it  is  not  accommodation  pajier 4,  p.  2/19,  §  1553 

on  death  of  holder  of  a  bill  or  note,  title  passes  to  personal 
representatives,   who  may  transfer  it  or  sue  upon 

it 4,  p.  2720,  §  1554 

personal   representative  cannot  give  title  by  mere  delivery; 

must  indorse  it  de  novo 4,  p.  2720,  §  1554 

on  death  of  joint  payee  of  bill  or  note,  title  vests  in  sur- 
vivor  4,  p.  2720,  §  1554 

transfer  of  bill  or  note  by  negotiation 4,  p.  2720,  §  1555 

negotiability  of  note  not  destroyed  by  injunction  against  its 

negotiation 4,  p.  2720,  §  1555 

,  who  may  negotiate  bills  and  notes 4,  p,  2720,  §  1556 

payee  of  instrument  designated  by  wrong  uame  or  name  mis- 
spelled may  indorse  it  as  described 4,  p.  2721,  §  1557 

where  instrument  payable  to  order  of  two  or  more  persons, 

not  partners,  all  must  indorse  it 4,  p.  2721,  §  1558 

bill  may  be  negotiated  to  any  party  thereto,  i.  e.,  drawer, 

drawee,  acceptor  or  prior  indorser 4,  p.  2722,  §  ir)59 

such  party  may  reissue  and  further  negotiate  it 4,  p.  2722,  §  1559 

bill  negotiated  back  to  party  already  liable  thereon,  he  can- 
not sue  intermediate  parties 4,  p.  2722,  §  1559 

bill  or  note  may   be  negotiated  at  any   time   until   dis- 
charged  4,  p.  2722,  §  1560 

that  bill  or  note  has  been  dishonored  and  action  brought  on 

it  does  not  restrain  its  negotiability 4,  p.  2722,  §  1560 

bill  or  note  presumed  to  have  been  negotiated  at  inccpLion, 

or  before  maturity 4,  p.  2723,  §  1560 

is  no  presumption  as  to  exact  time  of  negotiation 4,  p.  2723,  §  1560 


NEGOTIABLE  INSTRUMENTS.  6687 

Negotiable  Instruments-fContinned. ) 

negotiation  may  be  by  dehvery  where  instrument  payable  to 
bearer  

biU  or  note  is  payable'  t;b;;;e;  wheVe';;p;;:;iy  ;;  payable"!'  '"'''  ^  '''' 

or  where  indorsed  in  blank 4   _    0-00  g  i  <^ri 

delivery  of  unindorsed  notes  passes  equitable'  [i^.  ]  ]  [  '4,  l'  2723  §    56 
possession  of  an  unindorsed  note  payable  to  a  particular  per 
son  by  another  than  payee  is  presumptive  evidence  of 
ownership . 

bin  or  note  payable  toord;;;n;:;;i;;  i;-by  i;d;;;;n;en.:4:  p:  IS,  I  ]^ 

what  IS  an  indorsement 4   '      '     '  l 

effect  of  several  succe,sive  indors;m*ent's'. ■;.';.;'. 4  p  27-n'  «  vH'l 

eff.ct  of  indorsement  of  note  after  due 4'  „  9-0 .'  §  1  r,'^ 

requisites  of  indorsement  as  to  form ' "  4'  „  0-9-   «    -^ 

indorsement  in  blank;  rights  and  liabilities' as'to'.'.'.'.  .4',  p!  2127,  §  1504 

ud  liabilities  as 
I  and  liabilities 

>;  rights,  liabilit 

facultative  indorsement;  rights  and  liabilities  a,  to.  .4.  p.  2731  §  1569 
conditional  indorsement;  rights  and  liabilities  as  to..4  p.  2  Si!  570 
restrictive  indorsement;  rights  and  liabilities  as  to.  ..4  p  273^      5n 

effect  of  striking  out  indorsements 4   ^^  ^'s  «  ]Zl 

partial  indorsements  not  valid 4'  ^^  J^'J'  !  ^.^J 

any  person  who  signs  negotiable  bill  or  note  other'^iVe'than 

as  a  drawer,  maker,  or  acceptor,  is  an  indorser.  .4,  p.  2734,  §  157'' 

what  indorser  warrants  and  admits 4  r.  9-tl  l\--'o 

indorser  of  non-negotiable  bill  or  note  is  a  guk'ra;;;;.' .'  .4.'  p."  2735   §    57! 
indorser  who  is  not  party  to  bill  or  note  a, „a«  or  anomalous 
indorser . 

in  some  states  he  primer  }uci^  incurs  'hi^Auiy  of 'hid  or  e^  ^^^'  ^  ^^^^ 
but    parol   evidence  admisnble   of  intention  of  t.ar'- 
ties * 

is  liable  as  joint  promisor  or" ;;'m'akeV  if  he'indo'rVed  n;te  ""'"'  ^  '''^ 

before  it  was  issued 40-0 

if  he  indorsed  it  aft.r  issue,  liable 'as  ag,;a;a'i;t'o'r'.'.".*  4'  p"  o^^  l  J^-J 
some  courts  hold  that  qua.i  indorser  of  bill  or  note  is  a 
guarantor .        ^^ 

to  make  a  guaranty  negotiabl'e'as  "pai-t  'o'f'note.  it  mu'st'be  "^^'  ^  "^^^ 
on  note  itself,  or  annexed  to  it  in  the  nature  of  an 
allonge . 

general  guaranty  of  negoiia'b'l'e"  ii'o'te' by  ■6ep;;ate  'and  dis^-"  ^'^^'  ^  "^' ^ 
tinct  instrument  not  negotiable 4  „  oy.^  g  ,  „_ 

oral  guaranty  of  genuineness  of  a  note,  or  tha't'note'wiu'be 

paid,  or  that  maker  is  solvent,  valid. . . .  4    ,,   9707    „  ,,-. 

drawer,  maker,  or  indorser  of  dishonored  inland  bill  'or 
note  liable  for  amount  of  bill  or  note,  with  in- 
terest    . 

4,  p.  2739,  §1576 


6688 


NEGOTIABLE  INSTRUMENTS. 


Negotiable  Instruments  — (Oontinaed.) 

ou  foreign  bill,  tliey  are  liaMe  for  amnimt  of  bill,  with  in- 
terest from  time  of  dishonor,  and  notaiial  expcnaes; 
or  if  payable  abroad,  re-excLange  interest  and  ex- 
penses  4,  p.  2739,  §1576 

re-excliange;  what  is,  and  how  ascertained 4,  p.  2741,  §  1577 

re-draft;  what  is,  rights  and  liabilities 4,  p.  2741,  §  1577 

holder  (even  though  fraudulent)  of  bill  or  note  regular  on  its 
face,  can  give  good  title  to  person  who  takes  it  in  due 
course  of  business  before  maturity  as  bonajith  holder 

for  value  without  notice 4,  p.  2741,  §  1578 

who  is  "  bona  fide  "  holder;  gross  negligence  on  part  of  taker 

docs  not  defeat  rights 4,  p.  2743,  §  1579 

"  value,"  what  is ^i  PP-  274G  -2"40,  §  1580 

note  taken  for  pre-existing  debt 4,  p.  2750,  §  1581 

"  before  maturity,"  what  is 4,  p,  2752,  §  1582 

overdue  bill  is  taken  subject  to  eii'iities 4,  p.  275.',  §  15SS 

what  are  "  equities  " 4,  p.  27^3,  §  1584 

at  what  time  is  instrument  overdue 4,  p.  27o"),  §  1  ")85 

at  what  time  may  suit  be  brought 4,  p.  2753,  §  1585 

what  is  "in  usual  citurse  of  busiuess " 4,  p.  2757,  §  1586 

"  notice  "  means  actual  notice 4,  p.  27o9,  §  1587 

what  is  and  what  is  not  notice 4,  p.  2750,  §  1587 

holder  claiming  through  bonafidn  holder 4,  p.  27(i4,  §  15SS 

holder  of  bill  or  note  presumed  to  be  a  bona,  fide  holder  for 

value  without  notice 4,  p.  27G1,  §  1589 

aliter  when  note  was  obtained  by  fraud  or  is  illegal    4,  p.  27G'5,  §  1590 
absence  of  consideration  uo  defense  to  suit  on  negotiable  in- 
strument  4   p.  27fi7,  §  1591 

negotiable  instrument  imports  a  conxiileration 4,  p.  27G7,  §  1592 

aooommodation  party;  rights  and  liabilities  of  parties   to 

negotiable  paper  for  others'  accommodation 

4,  p.  2767,  §  1593;  4.  p.  2770,  §  1594 
accommodation  parties  to  bills  and  notes   not  co-sureties, 

not  entitled  to  contribution 4,  p.  2771,  §  1504 

partial  failure  of  consideration,  effect  of 4,  p.  2772,  §  1505 

illegality  of  coiisid^  ration,  good  defense  to  bill  or  note.4,  p.  2^73,  §  1597 
liability  of  party  to  note  or  bill  whose  signature  is  forged. 4,  p.  2773.  §  1598 

payment  of  forged  commercial  paper. 4,  p.  2775,  §  1598 

fraud  or  duress  a  good  defense  to  action  on  bill  or  note.4,  p.  277(),  §  1509 

liability  of  person  neglecting  to  sign  bill  or  note 4,  p.  2778,  §  1599 

bill  or  note  void  by  statute  cannot  be  recovered  upon.  ..4,  p  2780,  §  1600 
notice  of    defects  patent    on  face    of    negotiable    instru- 
ment   4,  J).  2780,  §  IGOI 

no  title  can  be  made  to  bill  through  indorsement  af  tictiti  us 
or  non-existing  person,  unless  party  sued  esiop)>cJ 
from  setting-up  fact 4,  p.  2781,  §  1G02 


NEGOTIABLE  INSTKUMENTS.  0689 

Negotiable  In8trunients-(Continued.) 

(/c  /at<o  holder  may  sue  on  note  or  bill  in  his  own  nanie.4,  p.  2783,  §  1603 
where  holder  of  bill  sues  as   agent,  or  for  the  benefit  of  an- 
other,   set-oflf    available  against  latter  is    available 

8    n-,,     «^7fl^i«i 4,  p.  2784.  §  1604 

o.  JJischarge  of  Instrument. 

after  discharge  no  action  can  be  brought  on  instrument 

„  ^  ,.    ^  4,  p.  27S5,  §  1«05;  4,  p.  278G,  §  1606 

payment  discharges  bill  or  note 4,  p.  27^5,  §  1606 

part  payment  discharges  it  pro  tanto 4  p  2785  §  1606 

certification  of  check  is  payment  of  it 4]  p.  2;85,'  g  1606 

depositing  funds  to  meet  note  at  bank  is  payment  though 

„  ^^^y^ils.. 4,  p.  2786,  §  1606 

payment    to    extinguish    bill,    must    be    made    to    real 

A  °7TV,*;"'"; 4,  p.  2786.  §  1606 

drawee  of  bill  bound  at  peril  to  ascertain  that  person  to 

whom  he  makes  payment  is  person  entitled 4,  p.  2786,  §  1606 

law  does  not  presume  non-payment  of  note  at  maturity,  but  ~ 

itspayment 4.  p.  2786.  §  1606 

possession  of  note  by  maker,  or  fact  that  it  is  found  among 

his  papers  after  his  death,  presumptive  evidence  of  its 

P"y'"^"\ 4.  p.  2786,  §  1606 

,    payment  must  be  made  by  or  on  behalf  of  drawee  or  ac- 

^         7*°''- 4,  p.  2787.  §  1607 

payment  by  drawer  or  indorser  as  such,  a  purchase  and  not 

discharge  of  bill 4.  p.  2788.  §  1607 

payment  by  last  mdorser  of  note,  or  by  prior  indorser,  sub- 

sequent  indorsers  being  struck  out 4,  p.  0788  §  1607 

payment  must  be  made  to  holder  or  some  person  authorized  " 

to  receive  payment  on  his  behalf 4  p  2739  §1608 

payment  by  maker  to  bearer  of  note  will  not  avaU  as  agaiiist 

,    T"' 4,  p.  2789,  §  1608 

must  seek  out  persons  entitled  to  receive  payment 4,  p.  2789,  §  1608 

note  or  bUl  may  be  discharged  by  payment  supra  pro- 

iesf 

,   , ,        ;  ■ ". 4,  p.  2789,  §  1609 

Houler  refusing  payment  supra  protest  loses  his  right. .  .4,  p.  2789  §  1609 
payor  supra  protest  entitled  to  receive  from  holder  bill  and 

protest.  4,  p.  2789,  §  1609 

becomes  mvested  with  rights  and  duties  of  holder  . .  .4,  p.  2789  §  1609 
payment  of  bill  or  note  by  mistake  to  wrong  party;    when 

can  money  be  recovered  back 4^  p,  2790  §  leiQ 

when  drawer  liable  f^r  money  paid  on  forged  or  altered  iu- 

strument;  negligence  in  Klling  blanks 4,  p.  2790,  §  1610 

payment   must   be  made  at  or  after  maturity  of   bill  or 

"""^-l 4,  p.  2793,  §  1611 

payment  by  drawee  or  acceptor  previous  to  maturity  a  mere 

purchase  of  bill,  and  it  remains  negotiable 4,  p.  2793,  §  1611 


6690 


NEGOTIABLE  INSTRUMENTS — NOLLE  TROSEQUL 


Negotiable  Instruments— (Continued.) 

payment  of  note,  though  not  presented  till  after  due,  will 
discharge  maker 4,  p. 

holder  must  deliver  up  bill  or  note  when  paid  unless  nun- 
negoti.ible  note,  or  has  been  destroyed 4,  p. 

instrument  is  discharged  by  acceptor  becoming  holder.  .4,  p. 

instrument  discharged  if  holder  gives  up  note,  or  releases  or 
cancels  it 4,  p. 

discharge  of  bill  or  note  by  renewal 4,  p. 

giving  renewal  note  is  only  conditional  payment 4,  p. 

but  is  a  satisfaction  of  former  note  in  some  states. . .  .4,  p. 

discharge  of  instrument  by  alterations 4,  p. 

And  see  Alteration  of  Instiiuments. 

discharge  of  sureties  and  indorsers 4,  p. 

See  also  Suretyship  and  Guaranty. 

maker  not  discharged  by  giving  time  to  or  releasing  accom- 
modation note 4,  p. 

by  giving  time  to  drawer  on  accommodation  note  acceptor 
not  discharged 4,  p. 

discharge  of  prior  indorsers  releases  subsequent  ones. .  .4,  p. 
Negroes. 

.See  Citizenship. 
Newspaper. 

person  receiving  paper  or  periodical  sent  through  post-office, 
liable  for  subscription  price 5,  p. 

soliciting  and  receiving  subscriptions  for  newspaper  pub- 
lished by  corporation  in  another  state  not  "doing 
business  "  in  the  state 1,  p. 

custom  that  advertisement  given  without  instructions  is 
kept  in  a  newspaper  until  ordered  to  be  discontinued, 
admissible 1,  p. 

notice  of  dissolution  of  partnership  good  by  publication  in 
newspaper,  when 2,  p. 

libels  on  journalists  and  newspapers,  when  action- 
able  3,  p. 

for  libel  in  newspaper,  editor,  author,  publisher,  proprietor 

and  printer,  all  liable,  jointly  or  severally 3,  p. 

Nitro-Glycerine. 

8ee  NuGUGENCE,  1. 
Noise. 

noise,  when  a  nuisance 0,  p.  4870,  §  3002;  6,  p. 

malicious  noises,  when  actionable , 6,  p. 

jarring  of  machinery 6,  p. 

noisy  trades  uear  dwellings 6,  p. 

Nolle  Prosequi. 

discharge  from  prosecution  by  nolle  prosequi  not  evidence  of 
want  of  probable  cause 3,  p. 


2703,  §  1611 

2793,  §  1612 
271)3,  §  1013 

2706,  §  1G14 
2700,  §  1015 
2790,  §  1015 

2707,  §  1015 
2793,  §  1016 

2793,  §  1617 


2S0O,  §  1017 

2800,  §  1617 
28 JU,  S  1017 


3783,  §  2262 

015,  §  347 

469,  §  266 
1249,  §  674 
2281,  §  1272 
2197,  S  123S 


4875,  §  300S 
4S70,  §  3009 

4572,  §  3003 

4573,  §  3004 


1878,  §  1094 


NON  COMPOS  ME.NTW— .NOTICE.  ^091 

Non  Compos  Mentis. 

See  IiVSANiry. 
Non-residence. 

Set)  Kesiuenob. 
Nonsuit. 

See  PLEADrNG  and  Practice. 
Notaries. 

S-je  Negotiable  Instrtments 

Kot'J  bS:;':""'  '-  °'«"^-«"'  -^-y a.,.s^,,,,. 

Defined 

authority  of. ^'  P-    391,  §    222 

Notas.  1.  P-    31)1,  §    222 

See  Negotiable  Instrume.vts. 
Notice. 

as  to  notices  of  trusts,  see  Trusts 

of  registered  and  unregistered  deeds,  see  Registration. 

of  dishonor,  see  Negotiable  Instkumevts  6 

of  equities,  see  Negotiable  Instrl-.ments  '7  ' 

to  quit,  see  Landlord  and  Tenant,  6. 

of  revocation  of  agency 

agent  must  notify  principal  of' all* matters 1' ^'    /!?'  !      ^^ 

niust  notify  him  immediately  of  his  receipt  of  money"."."  "l    p"      -t  '  J      'o 
knowledge  of  agent  in  course  of  agency  is  kno«dedge  o^  '  '      '" 

principal fe     "• 

8oiskiK,wiedgeacquir;d'vhi;;';;j:iij;;^t;;ti;;:;;'ait'"  '"^  ^^ 

if^m  mind  when  he  was  afterward  acting"  for  "prin'- 

ally  liable  for  disregardinc  , 

person  dealing  with  public  office;has"noti;;'of  "hi^'st'atut^ry     ''''  ^    ''' 
powers •' 

attorney  liable  for  pa;h;g;;;;"n;oi;;y;,}t;;"n;ti;e;:::""  J' ^-  SI  no 

senC  "'  """""  "'  '"*'""*^  ''  atto;n;y  'es  '  ^        ' 

auctioneer  who  sellsg"o"ods'which\;;e"c"ki"m'e*d  by  a't'hinl"  nef"    ^^^'  ^    ^^"^ 
son  liable  to  him  if  he  pay  over  the  proceeds  after 
notice 

duty  to  notify  client  of  •collVc't;;n';f  ■m;n;yV;.; '  ['  f 't!^'  f    ^18 

notice  of  time  and  place  of  payment  of  assessmeni  on  "st;ck 
must  be  given 

parties  dealing  with   corn;;a;i;n;  "c"h"a"rg'e'able"  "with  "notice     ^'^' ^    ''' 
oMimitations  imposed  by  charter t    „     o„-   „    „^ 

no  notice  necessary  before  suit  upon  a  subscrip'tion  "afie;  sub 
scnber  becomes  stockholder.  , 

1.  P-     761,  §    457 


6692 


NOTICE. 


Notice— (Contintied.) 

notice  by  aubscribor  that  ha  will  not  pay  does  not  revoke 

aubscriptiou 8.  p.  1130,  §    621 

BtockhoMers'  meeting,  notice  of  must  be  given 1,  p.    7'JD,  §    476 

vote  to  dissolve  aHsocitvtiun  and  di^iiose  of  its  property  not 
a'ltliorized  by  notice  of  a  special  meeting,  which  docs 
not  state  business  to  be  transacted 2,  p.  1075,  §    600 

power  of  president  of  bank  to  receive  notice  2,  p.    901 ,  §    522 

notice  to  directors  of  bank  is  notice  to  bank 2,  p.    S'Ji,  §    520 

where  president  of  bank  is  member  of  firm,  bank  liis  notice 

of  firm's  insolvency 2,  p.    903,  §    522 

bank  justi lied  in  paying  over  money  on  the  checks  of  de- 
positor, until  notice  of  the  claims  of  a  third  per- 
son  2,  p.    919,  §    526 

bank  has  no  right  to  pay  certilied  check  after  notice  of 

equities 2,  p.    951,  §    533 

drawer  of  check  on  bank  where  he  has  no  funds,  not  entitled 

to  notice  of  nonpayment 2,  p.    952,  §    533 

authority  of  bank  to  pay  check  revoked  by  notice 2,  p.    9o8,  §    537 

notice  of  defects  patent  on  face  of  negotiaMe  instru- 
ment  4,  p.  2780,  §  1601 

assignee  of  note  not  bound  to  give  maker  notice  of  assign- 
ment  4,  1).  2715,  §  1550 

unlimited  contracts  for  personal  service  may  be  terminated 

by  either  party  upon  reasonable  notice 1,  p.    4G0,  §    260 

master  must  have  notice  of  defective  machinery 

1,  p.  533,  §  3  12;  1,  p.    540,  §    305 

master  liable  where  he  continues  incompetent  servant  in  his 

employment  after  notice  of  his  unfitness 1,  p.    545,  §    308 

authority  of  agent  of  insurance  company  to  accept  no- 
tice  6,  p.  3731,  §2213 

where  cimtract  conditional  upon  notice,  the  notice  required 

must  be  given 5,  p.  4151,  §  2507 

parties  entitled  to  notice  of  hearing  under  submission  to  ar- 
bitration  6,  p.  5293,  §3331 

of  what  proceedings  notice  to  parties  not  necessary, . .  .6,  p.  53ul,  §  3332 

notice  of  creation  of  trust,  when  necessary 4,  p.  3374,  §  1979 

demand  and  notice  necessary  on  sale  of  pledge 4,  p.  3U14,  §  1703 

notice  to   one   ])artuer  of   deed  or  mortgage  is  notice  to 

all 3,  p.  1250,  §    674 

notice  to  one  partner  of  defects  in  goods  sold,   is  notice  to 

all 2,  p.  1250,  §    674 

notice  of  proceeding  to  remove  officer  required 1,  p.    712,  §    421 

member  of  corporation  cannot  be  expelled  without  notice 

and  hearing 1,  p.    657,  §    388 

member  of  club  cannot  be  expelled   without   notice    and 

hearing 2,  p.  107G,  §    602 


NOTICE— NUISANCES.  6693 

Notice— (Continued.) 

person  letting  or  giving  charge  of  animal  to  another,  mnst 

notify  him  of  its  miscliievous  disijositiou 3,  p.  2512,  §  1390 

Noting. 

"  noting  "  eCfect  of;  what  is 4,  p.  2G69,  §  1525 

Novation. 

novaMon;  acceptance  of  new  debtor 6,  p.  423G,  §  2572 

Nuisances. 

See  Damages;  Railroads,  1;  Mfnicipal  Corporations,  3 

anil  4;  Waters  and  Watehcourses,  4.  5,  6. 
nuisance  defined:  public,  private  and  mixed  nuisance.  .6,  p.  4826,  §  2959 

use  of  property  must  be  unlawful 6,  p.  4S27,  §  29tj0 

where  legislature  authorizes  act  to  be  done  which  would 
otherwise  be  nuisance,  act  is  made  lawful,  and  is  not 

°"'sance g   p,  4523,  §  2960 

for  negligence  in  carrying  out  of  particular  work,  or  for  acts 
outside    authority,     legislative     permission    no    de- 

^«"3e 6   p,  4828,  §2960 

mere  diminution  of   value  of  adjoining  property,  or  that  it 
does  not  rent  or  will  not  sell  as  well,  does  not  create 

actionable  nuisance 6,  p.  4829  §  2961 

essential  that  use  is  such  as  to  work  tangil)le  injury  to  per- 
son or  property  of    another,    or  render  enjoyment 

of  property  uncomfortable  or  dangerous 6,  p,  4S29,  §  2961 

nuisanje  may  arise  by  oirission  as  well  as  commissi. ,n.  .6,  p,  4S30,  §  2962 
actionable  to  sufifer  one's   I  ■•'dings   to  remain   in  dilapi- 
dated   condition,  whereby    another's    property  en- 
dangered  6,  p.  4S31,  §2962 

equity  will  restrain    use  of    adjoining    house  as   bawdy- 

house 6,  p.  4S30,  §2961 

dam'vge  is  inferred  from  proof  of  lo^al   injury 6,  p.  4831,  §  2963 

what  is  reasonable  use  of  property  depends  upon  circum- 
stances of  particular  case 6,  p.  4831,  §  29G4 

what  would  be   reasonable  use  of  property  in  one  locality 

Would  be  nuisance  in  another 6,  p.  4831,  §  2964 

wheeling  baby  carriage  at  night  in  apartment  house  not  a 

»"isance , 5,  p.  4832,  §  2964 

use  of  property  which  is  a  nu'svnce  at  common  law  does  not 
cease  to  be  so  because  made  punishable  by  stat- 
ute   6,  p.  4832,  §  2965 

when  statutory  remedy  must  bfl  pursued 6,  p.  4833,  §  2065 

nuisances  per  se  under  ancient  c-ommon  law 6,  p.  4833,  §  2966 

only  uses  of  property  now  held  to  be  nuisances  per  se  are 
such  as  affect  morals  of  society  or  public  rights,  or 

are  dangerous  to  life 6,  p.  4834,  §  2967 

where  particular  use  of  property  is  nuisance  j)er  se,  no  proof 

of  hurtful  results  necessary 6,  p.  4834,  §  2967 


■ 


6694  NUISANCES. 

Nuisances  —(Continued. ) 

overhanging  another's  land  i.s  nuisance  per  »e 6,  p.  3846,  §  2290 

insecure  building  left  stamling  iiuar    ones  lund,    a  nuia- 

anco 6,  p  3S47,  §  2200 

carelessly  exposing  one's  property  to  firo,  or  carrying  on 
business  so  as  to  render  property  of  neighbor  liable 
to  destruction  by  fire,  a  nuisance  wliich  will  bo  en- 
joined  3,  p.  2447,  §  1354 

constructing  railroad  across   highway   without  authority  a 

nuisance 2,  p.  1002,  §    564 

carrying  on  unauthorized  banking  business  will  not  bo  en- 
joined as  nuisance 3,  p.    858,  §    610 

certain  uses  of  property  are  in  equity  prima  facie  nuis- 
ance  6,  p.  4834,  §  2!)G8 

but  at  law  nuisance  must  in  all  cases  bo  proved  6,  p.  4S3."),  §  2!Ki9 

no  civil  action  for  common  or  public  nuisance 6,  p.  4835,  §  2070 

aliter  whore  plaintilF suffers  a  special  injury 6,  p.  4S3(i,  §  2!»71 

remedy  is  by  indictmu  it  for  public  nuisance 6,  p.  4838,  §2972 

when  equity  wiii  restrain  a  pui)lic  nuisance  by  injunc- 
tion  6,  p.  4839,  §  2072 

when  equity  will  restrain  private  nuisance  by  injunc- 
tion  6,  p.  4839,  §2973 

when  equity  will  restrain  nuisance  liefore  verdict  at  law  6,  p.  48 12,  §  2973 
when  equity  will  restrain  nuisance  after  verdict  at  law. 6,  p.  4843,  i?  2074 
right  to  maintain  public  nuisance  canuot  be  gained  by  pre- 
scription   6,  p.  4S44,  §  2075 

aliter  as  to  private  nuisance 6,  ]).  4845,  §  2975 

who  may  sue  for  nuisance 6,  p.  4845,  §  297G 

erector  of  nuisance  cannot  divest  his  liability  by  conveying 

premises  to  another 6,  p.  481G,  §  2977 

a  cause  of  action  does  not  survive  against  legal  representa- 
tives for  damages  arising  from  continuance  of  nuis- 
ance subsequent  to  death 6,  p.  4847,  §  2977 

erector  is  not  liable  where  premises  have  been  conveyed  by 

quitclaim  deed 6,  p.  4847,  §  2977 

must  appear  that  he  derives  some  benefit  from  continu- 
ance, as  where  he  receives  rent 6,  p.  4847,  §  2977 

or  has  conveyed  premises  with  covenants  for  its  con- 
tinuance  6,  p.  4847,  §  '^077 

mere  conveyance  of  land  with  ordinary  covenants  of  war- 
ranty does  not  make  him  liable 6,  ,  _'077 

lessor  of  premises  for  purpose  of  carrying  on  business  nect 
sarily  injurious  to  adjacent  owners,  liable  as  author  > 

nuisance 6,  p.  4  -(47,  §  2077 

continuer  of  nuisance  liable  as  well  as  erector 6,  p.  4S4S,  §    II77 

but  continuer  must  first  be  notified  of  nuisance 6,  p.  48-18,  §  2977 

when  notice  not  requisite 6,  p.  4849,  §  2977 


NUISANCES. 


6G9 


o 


Nuisances  -  (Continued. , 

lor  continuing  nuisance,  lessor,  assignees  of  lease,  leasees 

auasub-leasees  are  jointly  liable e.  p.  48.10,  §  2077 

be  but  one  action  for  erection  of  nui.ancc 6   n  4sr.o  8  0077 


can 


all  submjuent  actions  must  be  for  continuance  of '  snmo' '''"''^' ^ '"" 
nuisance -.        Ac-n 

iBaa.er  liable  for  acts  of  indepe'n/kni  co;;t;a'cto;'^h;;e\v.;rk  '     ^''^ 

IS  a  nuisance ,  p^, 

association  n.ay  be  sued  by  one'  m^nibe;  'for  maintaining  a     ^"  ^^^ 

nuinance „ 

illustrati..s  of  what  are  andwhat"a;e  not  n;.isan;;;;in  g;^!:  '  ^    ''' 

eral " 

o,  p.  4853  S  "980 

air,  impunties  in,  Mhon  a  nuisance 6.  pp.  4858-4802,  §§  2!)81.2!)S5 

smoke,  when  a  nuisance «        %  .^ 

chimneys 1  1    ^o. .»,  3  ..fo„ 

fuel  6,  p.  4SG0,  §  2!)8;i 

nox;.v;vapo;3:;:;:::: «.  p.  4801,  §0,84 

bri..k.yarcls 6.  p.  4862,  §  2^,5 

blacksmith's  shop....: ^' ^'^ ''":' ^ -^'*^ 

smells  and  stenches :; «' ^^ '''■?•§ '''''^^ 

1         ,    ...  ,        o,  p.  48 1  i),  §  2t)St) 

bone-boihng  works. 

cattle-yards 

d.niries 

h 

Lvery 

privies 


.  6,  p.  48GG,  §  2l)U0 
.6,  p.  48(JG,  §2<Jf)l 


log-sties..        6,  p.  4SG6,  §  20!>2 

nery  stables..;:;; 6,  p.  4i.;G.  S  2i.!>3 

privies 6.  p.  4SG7.  §  2!)94 

slaughter-houses..'::::;; 6.  p.  4SG8.  §  2!.:)5 

so.p  and  candle  factories. . ; ; «    »'•  'f.l'  !  '''^ 


G,  p.  48U8,  §  2()!I7 
6,  p.  48G9,  §  2998 
6,  p.  4SG9,  §  2999 

blacksmith  shop V^\\\[Z[[' '.[',' '''&   ^'' ^^'''' ^ '^^^^ 


stables  and  barns 

tallow  factories  and  meltinghouses 
tanneries 


brew- 


eries . 


p.  4870,  §  3001 

chemicarwo^ks::; O.P.4S70,§.S001 

deodorizing  works....  O.  P- 48 - 0,  §  3001 

distilleries 6,  p.  4870,  g  3001 

dye-houses ';; 6,  p.  4870,  g  3001 

gasworks 6.  p.  4870,  §  3001 

glue  works ;;;;;;;;" e,  p.  487o,  §  3 ,01 

petroleilm  refineries. 


.  6,  p.  4870,  §  3001 

tripe  "fictorie7r.'."; ;;;;;;;;: q*  p-  ^^i^'  ^  ^^^^ 

noise,  when  a  nuisance ;  /.e.'p;  4'8'7'o:  "§  3002;  6;  p''  48;5;  g  Zl 

malicious  noises,  when  actionable 6     .  i«7r^  IZn 

jarring  of  machinery ;; «   ^"  f !.?' ^  j^*^*^.^ 

noisy  trades  near  dweUings «'  ^^"  :l''Z'  ^  '^'^^'^ 

animals 6,  p.  4873.  §  3004 

bells...  ®'  I^- 4 '74,  §  3005 

6,  p.  4875,  §  3008 


6696 


KUISAKCES — OCCUPANCY. 


Nuisances  —(Continued. ) 

musical  instrunirnts 6>  P-  4S7S,  §  3007 

fireworks 6,  p.  4875,  §  3008 

billiard-rooms 6,  p.  4875,  §  3008 

skating  rink 6,  p.  4876,  §  3008 

steam  whistle 6,  p  487(),  §  3008 

no  defense  tli.nt  plaintiff  came  to  nuisance 6,  p.  4877;  §  3010 

or  has  continued  to  lease  building  after  notice  of    nui- 
sance  6,  p.  4877,  §  3010 

laches  of  plaintiiT  in  lomplaining  of  nuisance,  when  a  defense 
to  action  for  presence  of  similar  uuis  nee  of  same 

kind,  no  defense 6,  p.  4878,  §  3011 

no  defense  that  irade  cannot  be  carried  on  without  making 

much  noise 6,  p.  4878,  §  3011 

defendant   may  show  that  damage  was  contributed  to  by 

other  causes 6,  p.  4878,  §  3011 

fact  that  act  of  third  person  contributed  to  final  catasrnphe 

will  not  exonerate  defendant 6,  p.  4878,  §  3011 

other  pleas  held  not  a  good  defense  to  an  action  for  nui- 
sance  6,  p,  48C4,  §  2988 

party  injured  may  abate  nuisance  himself 3,  p.  17ii7,  §  1033 

public  nuisance  must  be  abated  by  public  officer 3,  p.  1757,  S  1033 

person  may  remove  obstruction  from  pul  lie  way 3,  p.  1757,  S  1033 

but  obstruction  must  actually  obstruct  passage 3,  p.  1758,  §  1033 

al>atement  nmst  not  cause  brach  of  peace 3,  p.  1758,  §  1033 

notice  of  intention  to  abate  nuisance  must  be  given 3,  p.  1759,  §  1033 

nuisance  consisting  in  use  and  not  in  location,  od'ensive  use 

only  can  be  stopped 3,  p.  1759,  §  1033 

offensive  manufactory  cannot  be  pulled  down 3,  p.  1760,  §  1033 

nor  bawdy-house 3,  p.  17(50,  §  1033 

aliter  as  to  house  infe.  ted  with  cholera ..3,  p.  1761,  §  1033 

legislature  may  authorize  abatement  of  nuisances 3,  p.  1762,  i  i033 

assent  of  party  to  nuisance  will  not  take  away  right  aftei- 

ward  to  abate  it 3,  p.  1762,  §  1033 

Nuncupative  Will, 

nuncupative  will,  what  is;  requisites  and  efifect  of 6,  p.  5120,  §  3148 

who  may  make  nuncupative  will,  and  what  piuperty  may 

be  wiUed 6,  p.  5  J  23,  §§  3149-3150 

Oath. 

by-law  requiring  clerk  to  be  sworn,  valid li  p.    805,  §    483 

stockholder  cannot  be  required  by  corporation  to  make  oath, 

to  determine  his  qualitioations  as  voter 1,  p.    797|  §    480 

Obligation  of  Contracts. 

feee  Constitutional  Law,  7. 
Occupancy.                                                   , 
See  Insurance. 
title  to  personal  property  by  occupancy &,  p.  2384,  §  1309 


OCCUPANCY — OFFICEES. 


6697 


Occupancy— (Continued.) 

coiiatruciion  of  "occupied  by  them" 2,  p.  1178,  §    633 

Officers. 

bee  CoRPORATioxs,  4;  Trespass;  False  Imprisonment; 
Judges;  Okficers  of  Court;  Municipal  Cori ora- 
tions, 2;  Shkriffs;  Suretyship  and  Guaranty. 

1.  Creation   of  Offices   and    ArroiNrMENT  of   Officers; 

Qualifications;   Vacancies;   Designations;   Foe- 

FEITURE. 

2.  Term  of  Office. 

3.  Removal  of  Officers. 

4.  RiciKTs  and  Liabilities  of  Officers. 

1.  Cretition  of  Offices  and  Appnintmejit  of  Officers;  Qunlljicatinn. 

public  office  ilefined:  nature  of 7,  pp.  5968,  59G9,  §  3796 

holder  has  no  vested  interest 7,  pp.  5f)G8.  59(59,  §  3796 

cannot  purchase,  sell  or  encumber  it 7,  i>p.  59C8,  5909,  ^  3796 

right  to  compensation  does  not  depend  on  contract. . .  .7,  p.  59i'a,  §  3796 

assignment  of  property  does  not  carry  office 7,  p.  59(>iy,  §  3796 

legislature  may  vary  or  abolish  the  compensation 7.  p.  59(i9,  §  3796 

officer  under  no  obligation  to  continue  to  render  services 

for  any  specitied  term 7,  p.  5969,  §  3796 

what  is  an  office  of  "  public  trust " 7,  p.  r.969,  §  3796 

legialature  may  create,  alter  or  abolish  public  offices. .  .7,  p.  5970,  §  3797 
may    not    abolish    where  constitution    prescribes    dura- 
tion  7,  p.  6970,  §  3797 

legislature  may  prescribe  or  alter  mode  of  appointment  to 

office 7,  p.  5972,  §  3798 

may  inflict  disqualific.ttion  to  hold  office,  as  punishment 

for  crime 7,  p.  5972,  §3798 

statute  regulating  mode  of  conducting  elections  are  direct- 
ory   7,  p.  5973,  §  3798 

who  are  and  are  not  "  public  officers  " 7,  p.  5974,  §  3799 

person  acting  as  public  officer  presumed  to  be  such 7,  p.  5974,  §  3799 

who  are  officers  de  facto;  pu  vers  and  rights  of 7,  p.  5976,  §  3S00 

infant  cannot  hold  public  offic  ,    2,  pp.  1493,  1497,  §    824 

citizenship  as  a  qualitication  '  j  hold  office 7,  p.  5979,  §  3801 

residence  as  a  qualitication  to  hold  office 7,  p.  5980,  §  3802 

statute  prescribing  qualihcations  to  officer  directory...  .7,  p.  59S0,  §  3803 
appoiutmeut  of  one  not  possessing  requisite  qualiSuations  not 

absolutely  void,  unless  expressly  enacted 7,  p  5980,  §  3803 

holding  of  incompatible  offices. 7,  p.  5981,  §  3804 

other  special  provisions  as  to  disqualification  of  officers. 7,  p.  5931,  §  3804 

public  defaulter 7,  p.  5981,  §  3804 

using  mcney  corruptly  to  procure  election 7,  p.  59S1,  §  3804 

being  concerned  in  duel 7,  p.  5981,  §  3S04 

person  holding  contract  for  public  work 7,  p.  5982,  §  3804 

holding  other  office  whose  term  has  uut  expired 7,  p.  5982,  §  3804 


■ 


OlFICERS. 


Ofllcers— (Continued.) 

person  ia  eligible  if  disqualification  was  removed  before  quali- 
fication, though  after  election. 7,  p.  5982,  §  3b04;  7,  p.  6049,  §  3834 
offer  of  electors  to  perf  jrm  office  for  less  thau   salary  avoids 

election 7,  p.  5982,  §3804 

judge  disqualified  in  case  iu  which  he  is  interested  or  whore 

related  to  parties 7,  p.  5'.JS2,  ^  3804;  7,  p.  6015,  §  3820 

appointment  of  officers  by  public  officers 7,  p.  CO  3,  §  3814 

appointment  of  officers  by  executive 7,  p.  COO 4,  §  3813 

attoruuy-at-law  is  not  an  "  oHicer  " 1,  p.    208,  §    128 

attorney  does  not  hold  an  "  office  of  trust '' 1,  p.    208,  §    128 

2.  T<-rm  of  Office. 

"  t.  rm  "  means  a  "fixed  and  definite  period  of  time  ".  .7,  p.  5987,  §  3S06 
officers  removable  at  pleasure  of  another   officer,  or  on   oc- 
currence  of  uncertain  event,  do  not   hold  office  for 

term 7,  p.  59S7,  §  3806 

statute  silent  as  to  his  term  of  office,  but  providincr  that  an 
'  elei  tion  shall  be  held  every  two  years,  officer  holds 

until  his  successor  qualifies 7,  p.  5988,  §  3806 

statute  extending  term  of  office,  when  unconstitutional. 7,  p.  5988,  §  33('6 

term  of  ministerial  office  is  at  pleiisure 7,  p.  .'^988,  §  3S06 

at  what  time  does  term  of  office  begin 7,  p.  59S8,  §  3807 

at  what  time  does  term  of  office  end 7,  p.  59S9,  §  3808 

power   to  elect    to  office  includes  power  to    fill    vacan- 

.  ies 7,  p.  5991,  §  3809 

vacancy  does  not  arise  until  term  of  service  expires,  or  until 
death,   removal,    resignation,    abandonment,    or   dis- 

qiialiticatiou  of  incumbent  7,  p.  5991,  §  3309 

vacancy  in  an  office  must  be  established  in  a  proceeding  reg- 
ularly tending  to  that  end 7,  p.  5991,  §  3809 

may  be  created  by  a  parol  resignation 7,  p.  5991,  §  3809 

a  right  to  supply  place,  vacant  by  death  or  disability  of  in- 
cumbent, includes  the  right  to  supply  vacancy  caused 

by  resignation 7,  p.  5991,  §  3809 

vacancies  made  by  accepting  incompatible  office 7,  p.  591)2,  §  3809 

when  vacancy  arises  in  other  cases 7,  p.  5992,  §  3309 

officer  has  no  right  to  hold    over  until  appointment    of 

successor 7,  p.  5994,  §3810 

but  right  to  hold  over  arises,  when 7,  p.  5994,  §  3810 

effect  of  neglect  to  qualify  after  election  7,  p.  5396,  §  3811 

after  election  officer  elect  cannot  resign  until  he  has  qualified 

and  taken  possession  of  office 7,  p.  5998,  §  3812 

resignation  not  complete  until  accepted 7,  p.  5998,  §  3812 

resignation  may  be  by  parol 7,  p.  5998,  §  3812 

or  may  be  implied 7,  p.  5999,  §  3812 

resignation  of  office  by  insane  person,  effect  of 7,  p.  5999,  §  3812 

resignation  cannot  be  withdrawn  after  acceptance 7,  p.  6999,  §  3812 


OFFICEES.  601)9 

Officers— (Continued.) 

judge  cannot  hear  motion  for  new  trial  after  he  has  resigned 

.  ,      ^'^  "^''^ 7,  p.  5999,  §  3812 

right  to  office  may  be  forfeited  by  faihire  to  qualify  in  the 

mode  and  witha  the  time  prescribed 7,  p.  COOO,  §  3813 

by  refusal  to  serve,  and  abandonment 7,  p.  gooO,  §  3813 

by  permanent  removal  from  the  county  or  district 7,'  p.  GUOO,'  §  3S13 

by  acceptance  of  another  incompatible  office 7,  p.  (joooi  §  3813 

by  malfeasance  or  misfeasance  in  office 7   ,,.  GOOO,  §  3813 

but  forfeiture  must  be  judicially  ascertained 7,'  p.  GOOl,'  §  3813 

"absence  from   state"     does     not    mean    temporary    ab- 

^^""^ 7,  p.  6001,  §  3813 

power  of  attorney  from  bank  not  invalidated  by  expiration 

of  term  of  (office  of  directors  who  executed  it 1,  p.      56,  §     43 

3.  Itemoval  of  Officers. 

power  of  removal  incident  to  power  to  appoint,  when.  .7,  p.  6007,  §  3816 
when  public  officer  holds  his  office  for  definite  term,  ur  dur- 
ing good  behavior,  he  cannot  be   removed  until  ex- 
piration of  term 7^  p_  go09,  §  3817 

or  untd  he   commits   some  breach  of  good  conduct   or 

ofTense  constituting  ground  for  forfeiting  oflice. . .  7,  p.  6009,  §  3317 
where  duration  not  prescribed   by  law,  appointing  power 

may  remove  incumbent  at  its  pleasure 7,  p.  6009  §  7381 

reappointment  of  an  officer,   with   knowledge  of  previous 

misconduct,  is  a  condonation 7  ,3.  6009   §  3817 

new  appointment  to  an  office  operates  as  removal  of  then  in- 

''""^^'^"t 7,  p.  6009,  §  3817 

removal  may  be  by  act  of  appointing  power 7,  p.  601 0,  §  331 8 

or  by  action  to  try  title  to  office 7'  p.  gqIo'  §  3818 

^  or  by  proceedings  at  suit  of  attorney -general 7^  p.  6010,'  §  "318 

title  to  office  cannot  be  tried  in  collateral  proceeding.  .  .7,  p.  GOlO,'  §  3S18 
may  be  tried  in  action  by  claimant  to  recover  fees  from 

."»*'""'^^'- 7,  p.  6010,  §  3818 

miposition  of  due  for  usurpation  of  public  office  discretion- 

ary  with  court 7^  p.  6011,  §  3818 

m  action  to  determine  right  to  office,  evidence  beyond  re- 
turns and  ballot-boxes  admissible 7,  p.  ggil    §  3818 

viandamus  will  not  lie  to  compel  admission   of  a  claimant 

into  disputed  office 7,  p.  6011,  §  3818 

provision  made  by  law  to  try  title  to  public  office  exclusive, 

and  no!,  cumulative 7,  p.  6011,  §  3818 

removal    of    state   officer   for    malfeasance    a  judicial    act,    be- 
longing to  court  of  impeachment 7^  p.  g012,  §  3818 

quo  warranto  is  proper  mode  of  questioning  the   official  au- 
thority of  a  person  exercising  judicial  functions.  .7,  p.  6012,  §  3818 

courts  have  power  to  review  action  of  authority  in  remov- 
ing public  officer T7,  p.  6012,  §  3819 


6700 


OFFICERS — OFFICERS  OF  COURT. 


Officers— (Conti'ued.) 

4.  HUjhls  and  Linbitities  of  Officers. 

officers  hiving  discretionary  powers  not  liable  fcr  errorn  of 

judgment 7.  p.  6016,  §  3822 

officer  presumed  not  to  have  exceeded  his  authority. .  .7,  p.  6016,  §  3822 

»cts  of  de  fado  officers  are  valid,  when 7,  p.  6Jl6,  §  3822 

officer  has  implied  power  to  bring  suits  in  relation  to  of- 
fice  7,  p.  6017,  §::822 

officer  must  make  contracts  and  brin^;  suits   in  name  of 

state , 7,  p.  6017,  §3822 

may  use  force  for  prevention  of  crime 7,  p.  CU17,  §  3822 

state  is  bound  by  acts  of  officers  within  their  author- 
ity  7,  p.  6017,  §  3822 

public  ministerial   officer  is  answerable  in  civil  action  for 

neg'igence  or  misconduct 7,  p.  6017,  §  3822 

public  officers  intrusted  with  public  funds,  and  required  to 
give  bunds,  not  mere  bailees,  but  liability  is  fixed  by 
bond 7.  p.  6017,  §  3822 

bailments  by  public  officers 4,  p.  21)10,  §  1697 

attorney  also  pub li;  administrator  not  allowed  fees  as  at- 
torney in  administration  of  estates 1,  p.    323,  §    197 

agreements  or  contracts  interfering  with  or  influencing  ac- 
tion of  the  government,  legislature  or  public  officers, 
are  void 5,  p,  3993,  §2395 

sale  of  public  offices  illegal,  and  a  contract  made  for  such  an 

object  is  void 5,  p.  3997,  §2396 

salary  or  emoluments  of  public   office  cannot  be  sold  or 

assigned  by  holder 6,  p.  3997,  §  2396 

liability  of  officer  for  acts  of  deputies 8.  p.  1772,  §  1043 

slanders  cm  offi  ers,  when  actionable. .  .3,  p.  2250,  §  1258;  3,  p.  2236,  §  1248 

illegal    fees    paid    to    pub.ic    officer    may  be    recovered 

back 5,  p.  4221,  §  2558 

Officers  of  Court. 

rights,  powers,  duties  and  compensation  of  court  officials, 
described  and  defined  by  constitutions  or  stat- 
utes   7,  p.  6015,  §  3821 

liabilities  for  breach  of  duty,  subject  of  statutory  regula- 
tion   7,  p.  6015,  §  3821 

acts  of  an  officer  de  fado,  whether  judicial  or  ministerial,  are 

valid 7,  p.  6015,  §  3821 

clerk  of  court  may  maintain  assumpsit  against  plaintiff  fur 
lawful  fees,  where  they  cannot  be  collected  from 
defendant 7,  p.  6015,  §3821 

allowance  of  compensation  to  officer,  in  addition  to  the  sum 

allowed  by  law,  is  a  judicial,  not  a  clerical  act.  .7,  p.  6015,  §  3821 

officer  is  allowed  fair  and  just  compensation  for  custoily  of 

property    7,  p.  6015,  §3821 


OFFICERS  OF  COURT— PARENT  AND  CHILD.  6701 

OflBcers  of  Court— (Continued.) 

courts  have  no  power  to  determine  compensation  of  their 

officers,  or  costs,  or  fees,  iu  advance 7,  p.  6015,  §  3821 

clerk  of  court  not  eligible  as  attorney  at  law 1,  p.    208,  §    127 

Olographic  Wills. 

olograpliic  will,  what  is,  requisites  of 6,  p.  5119,  §  3147 

O.rinibus. 

omnibus  lines  are  common  carriers 4,  p.  3082,  §  1792 

Open  Policy. 

See  l.N.SL'KANCE,  1. 

Opinions. 

St^e  Evidence,  5;  False  RKPfiESENXAXioxj  Warranties. 
Option  Contracts. 

.Si-e  Wagers. 
Orders. 

.See  Bonds,  Negotiable  Instruments. 
Ordinances. 

See  Municipal  Corporations. 
Ouster. 

See  Co-tenancy. 
Oysters. 

See  Animals;  Fish. 
Pardon. 

does  not  restore  disbarred  attorney  to  office 1,  p.    225  §    136 

Parent  and  Child. 

See  Intoxicating  Liquors;  Seduction;  Wills;  Judoment,  2. 

1.  In  General. 

2.  Duties  and  Rights  of  Parents. 

3.  Liabilities  of  Parents. 

4.  Dumbs  and  Hights  of  Childrex. 
6.  Liabilities  of  Children. 

1.  In  General. 

child  born  in  wedlock  presumed  to  be  legitimate 2,  p.  1404,  §  805 

chilli  legitimate  by  subsequent  mirriage  of  parents. . .  .2,  p.  1464,  §  805 

child  in  ventre  aa  mere,  rij^hts  of. 2,  p.  1465*  §  806 

illegitimate  child  c  nnot  inherit 2,  p.  1466  §  807 

or  transmit  property  by  descent,  except  to  his  own  ia- 

f"® 2,  p.  1466,  §  807 

baaUrd  not  a  "  child  "  within  statute  of  distribution . .  .2,  p.  1466,  §  807 

faihtr  not  obliged  to  support  bastard  at  common  law.  2,  p.  1466  n  §  807 

age  of  majority,  what  is 2,  p.  1467,' §  8(i8 

rights  of  adopted  children 2,  p.  1467  §  809 

8tep-3hiM,  father  not  entitled  to  earnings  of 2,  p.  1470,'  §  810 

nor  lialile  for  its  support 2   p   1471   s  glO 

aliti-r  when  he  places  himself  in  loco  parentis 2,  p.  1470,  §  810 

widow  on  her   re-marriage   not  liable  for  uiaiutenance  of 

child  by  former  husband 2,  p.  1471   §  810 

Lawson  R.  &  R.— 4«7.  ••    >     •  » 


6702 


PARENT  AND  CHILD. 


Parent  and  Child— (Continued.) 

parent  may  plead  duress  of  child 6,  p.  3946, 

purchase  presumed  an  advancement,  and  no  resulting  tru»t 

arises  in  case  of  children  or  near  relatives 4,  p.  3421, 

2.  Duties  and  RiijhtD  of  Parents. 

duty  of  parent  to  protect  and  defend  child 2,  p.  1471, 

may  maintain  child's  lawsuit  without  being  guilty  of  ni  \in- 

tenance 2,  p.  1471, 

may  justify  assanlt  and  battery  in  defending  his  children.  2,  p.  1471, 

duty  of  parent  i">  educate  child 2,  p.  1471, 

may   comp  1  public   school  to  admit   child  if   unlawfully    ex- 
cluded  2,  p.  1471, 

duty  of  parent  to  maintain  and  support  child 2,  p.  1471, 

even  when  child  has  property  of  it^f  own 2,  :>.  1473, 

maintenance  in  chancery   where    child   has  separ.ite  prop- 
erty  2,  V   1473, 

right  of  parent  to  chastise  child 2,  p   1474, 

to  interfere  with  rights  of  conscience  of  child 2,  p.  1475, 

custody  of   children;  father's  right   paramount  at  comiron 

law \  . .    2,  p.  1475, 

modern  rule  gives  child  to  parent  who  can  best  attend  to  its 

welfare 2,  p.  I47(i, 

or  even  to  third  person  in  some  cases 2,  p.  1477, 

child's  wishes  will  be  consulted,  when 2,  p.  1478, 

agreement  by  parent  surrendering  custody  of  child  revo- 
cable     2,  p.  14S2, 

party  refusing  to  surrender  custody  of  infant  child  may  be 

ordered  in  habeas  corpus 2,  p.  14S2, 

father  entitled  to  labor  and  earnings  of  child 2,  p.  1483, 

may  sue  third  person  for  wages  or  earnings  wf  child. . .  .2,  p.  1484, 
parent  has  no  rights  in   the  general  property  of  child  which 

comes  to  it  by  gift,  inheritance,  bequest,  etc. .  .  .2,  p.  14S5, 
father  has  no  authority  to  receive  legacy  left  his  child.. 2,  p.  14S5, 
executor  paying  father  from  amount  of  legacy  left  his  infant 

son,  liable  to  an  account  to  estate  for  such  sum.  .2,  p.  14S5, 
parents  may  waive  rights  to  services  of  minor  children. 2,  p.  1485, 

waiver  does  not  necessarily  amount  to  emancipation 2,  p.  1485, 

presumption  that  services  of  child  continuing  to  reside  with 

parent  after  coming  of  age  are  gratuitous 

2,  p.  1486,  §  818;  2,  p.  1495, 
daughter  may  recover  from  mother's  administrator  for  per- 
sonal services  rendered  mother  while  insane 

2,  p.  1486,  §  818;  2,  p,  149."i, 

right  of  parent  to  recover  for  injury  to  child 2,  p.  1487, 

parent  has  right  to  action  for  loss  of  services  of  child. .  .3,  p.  1920, 

as  for  enticing  child  away 2,  p.  14S9,  §  819;  3,  p.  1920, 

or  forcibly  abducting  the  child 3,  p.  1921, 


§2307 
§2010 
§    811 


§ 

811 

§ 

811 

§ 

812 

§ 

812 

§ 

813 

§ 

814 

§ 

814 

§ 

815 

§ 

815 

§    816 


§  816 
§  816 
§    816 


§  817 

§  817 

§  818 

§  818 

§  818 

§  818 

§  818 

§  818 

§  818 


§    823 


§  823 
§  819 
§  1109 
§  1109 
§1109 


n 


PARENT  AND  CHILD.  Q^Q^ 

Parent  and  Child— (Continued.) 

or  beating  or  otherwise  purposely  injuring  child 3,  p.  10"]    §  1109 

or  negligent  injury  which  disables  child  from  labor.   3,  p.  ly »]'  g  HOD 
or  giving  shelter  or  protection  to  child  to  enable  him  to  keep 

a-^ay  from  parent  3.  p.  1921,  §  1103 

or  enti.  mg  minor  child  from  service  of  parent,  and  procur- 
ing her  to  be  married  without  his  consent 

. .,,  ,        ,       .  ^,    ,       .  2-  P-  ^*'^^'  §  810;  3,  p.  1021,  §  1109 

child  has  also  right  of  action 2,  p.  1489,  §  819;  3,  p.  1921,  §  1110 

parent  may  recover  for  trouble  and  expense  even  when  child 

is  earning  nothing 2,  p.  1488,  §    819 

measure   of  damages  in   action  by  parent   for  injuries  to 

child...       ....    2,  p.  1483,  §    819 

one  who,  in  violation  of  the  law,  sells  revolver  to  boy  not 

answerable   to  parents  for  boy's  carelessly  shoo  tin  <t 

•        n.      /i-««lf ••.••;••: 2.p°14S9,§    819 

parent   cannot   maintain  action  against  teacher  of  public 

school  for  refusing  to  instruct  his  child  as  pupil.. 2,  p.  1489  §    819 
no  action  lies  by  father  upon  bond  of  clerk  for  marriage  of 

minor  daughter  under  license  unlawfully  issued  by. 

„     r.  ,.,-,*'^^'!?V; 2,  p.  1489,  §    819 

3.  Liahihhes  of  Parents. 

parent  not  liable  on  infant's  contracts  unless  expressly  or 

impliedly  authorized 2,^.  1490,  §    S20 

question  for  jury  to  say  whether  circumstances  imply  a 
promise  from  parent  to  pay  for  articles  purchased 

f.H      '"''If-Ti 2.  p.  1491,  §    820 

tather  is  not  bound  by  contracts  or  debts  of  minor  children, 

even  for  necessaries,  unless  actual  authority  shown  or 

legal  authority  inferred 3    p    1492^  g    ggQ 

latter  can  only  arise  where  father  has  absolutely  neglected 

and  refused  to  provide  necessaries °  .  2,  p.  1491    §    8"0 

parent  not  liable  for  torts  of  child. ...  1,  p.  503,  §  291;  2^  p.  1494,'  §    821 

unless  done  under  his  direction  or  command ' . . 

,     ^     .  ,  „  ^'  P-  503,  §  291;  2,  p.  1494,  §    821 

4.  Duties  and  Rights  of  Children. 

duty  of  child  to  support  parent 2,  p.  1495  82" 

presumption  that  services    of  children  are  gratuitous...', 

.  ,  ^    ,    ^.,,  ,                                      2,  p.  US(),  §  818;  2,  p.  1495,  §  823 

right  of  child  to  recover  wages  from  parent 2,  p.  149.5,  g  823 

power  of  infant  to  hold  public  office 2,'  p.  1496,'  §  824 

power  of  infant  to  hold  judicial  office 2,'  p.  1497*  §  824 

infants  cannot  appoint  agent  when 1    p_        4'  a  . 

but  may  be  appointed  agent 1    p         5'  ^  ^. 

father  may  be  agent  for  son i' p^        q\  g 

or  son  for  father 1    „         a  a  o 

infant  may  execute  power  collateral 6  p  4481    ><  0-50 


C704 


PARENT  AND  CHILD. 


Parent  and  Child  -(Continued.) 

iii'ant'ti  contract  of  marria;^e  vdlid,  at  what  aije 2.  p.  1208,  § 

promise  of  infant  to  marry  ia  good  consideration  for  corres- 
ponding promise 6,  p.  37SO,  § 

infant's  contract  of  service  valid,  when 1.  p-    44  \  § 

infant  may  become  stockholder  in  corporation 1,  p.    GIO,  § 

infant  children  of  divorced  parents  cannot  tile  a  bill  to  set 

asiile  divorce 2,  p.  142*^  n,  § 

infin'.  cannot  be  executor 2.  ]>.  140(5,  § 

infant  cannot  lie  trustee 2,  p.  1400,  § 

infant  cannot  be  guardian 2,  p.  14'.l')',  § 

infant  cannot  be  bailiff 2,  p.  1407,  § 

infant  cannot  be  receiver 2,  p.  1497,  § 

infant    administrator  not  liable  in  divuMtavit  for  failure  to 

appropriate  asst  ts  ratably 2.  p.  1497,  § 

ofBcer  selling  property  not  bound  to  accept  bid  of  infant  at 

public  auction 2,  p.  1497,  § 

verdict  will  not  be  set  aside  because  one  juror  was  infant.  2,  p.  1407,  § 

infant  cannot  appoint  agent  or  attorney 2,  p.  1497,  § 

infant  not  disqualified  from  being  witness 2,  p.  1497,  § 

power  of  infant  to  make  will 2,  p.  1497,  § 

right  of  children  to  use  parents'  pr^  perty 2,  p.  1498,  § 

child  cannot  lend  parents'  goods 2,  p.  1498,  § 

child  of  tender  age  cannot  be  guilty  of  contributory  negli- 
gence  3,  p.  2123.  § 

liability  for  injury  to  trespassing  children 3,  p.  212.5,  § 

imputed  negligence  of  parents  or  guardians  of  children. 3,  p.  2132,  § 
carrier  is  under  greater  duty  as  to  care  in  case  of  infant  trav- 

elin>{  alone  than  in  case  of  adult 4,  p.  3293,  § 

negligence  of  person  in  charge  of  iufant,  when  imputed  to 

infant 4,  p.  3204,  § 

liability  for  selling  gunpowder  to  infant  ....    3,  p.  1980,  § 

advancements  to  child  by  father  must  be  deducted  from  ilia- 

tiibutive  share 2,  p.  1523,  § 

•whether  money  or  property  given  to  child  a  gift  or  an  ad- 
vancement is  question  of  intention 2,  p.  152.1,  § 

heir  may  relinquish  advancement  and  claim  his  share.  .2,  p.  1524,  § 

taking  advancement  into  hotchpot 2,  p.  1524,  § 

gilts  between  parent  and  ch  Id  not  favored 2,  p.  1521,  § 

father  may  emancipate  child  expressly  or  impliedly. . .  .2,  p.  152'5,  § 

emancipation  is  irrevocable 2,  p.  l.')26,  § 

eman'  ipated  child  may  recover  earnings 2   p.  15i;5,  § 

marriage  of  infant  child  worku  eniancipatiim 2,  p.  152ti   § 

infant  may  prosecute  action  by  next  Iriend 2,  p.  1527,  § 

infant  may  sue  in/orina  puiipnis 2,  p.  1.527,  § 

one  may  sue  in  infant's  name  without  his  consent   2,  p.  I.i27,  § 

iula.t  may  elect  to  continue  suic  on  attaining  majority.2,  p.  1527,  § 


707 


2255 
240 
313 


780 
824 
824 
824 
824 
824 

824 

824 
824 
824 
826 
825 
827 
827 

120S 
1209 
1210 

1923 

1929 
1144 

836 

836 
f>.36 
837 
838 
839 
8.39 
839 
8.19 
810 
840 
840 
840 


240 
ai3 


i  780 
824 
824 
824 
824 
824 


836 

836 
S36 
837 
838 
839 
839 
839 
839 
810 
840 
840 
840 


PARENT  AND  CHILD.  0705 

Parent  and  Child— (Continued.) 
5.  Li  iliililicH  <tf  C/ui'i/rcii. 

infant's  contracts  voidable  at  their  election 2.  p.  140S,  §    S2S 

contracts  of  infiint  af,'ainst  liis  interest  void 2,  p.  141)U,  §    828 

iufanuy  a  good  d.  fense  to  action   for  breach  of  promise  lo 
marry,  notwithstanding  law  allowing  infants  to  marry 

upon  assent  of  parents 2,  p.  1400,  §    828 

infant  boun<l  by  contract  for  their  benefit 2,  p.  1500,  §    828 

contract  of  infant  for  "  necessaries  "  binding 2,  p.  1  ">')2,  §    829 

what  arc  and  are  not  "  ne  essaries  " 2,  p.  1502,  §    829 

money  lei.t  for  necessaries  not  recoverable 2,  p.  15U4,  §    829 

bills,  uotus  or  other  securities  given  by  infant  for  ncces.-aries 

not  binding 2,  p.  1505,  §    830 

other  p:irty  to  contract  with  infant  bound 2,  p.  1505,  §    831 

infant  may  disafFirm  contract 2,  p.  1 500,  §    832 

disaffirmance  a  personal  privilege 2,  p.  150G,  §    831 

infant  may  ratify  voidable  contract  after  coming  of  age.2,  p.  1513,  §    S33 

what  acts  are  and  are  not  a  ratification 2,  p.  1514,  §    833 

infant  liable  for  bistorts 2,  n.  1510,  §    834 

infant  liable  for  bastardy  process 2,  p.  1520,  §    834 

ejectment  lies  against  an  infant 2,  p.  1520,  §    834 

infant  not  liable  for  malicious  prosecution  of  a  suit  by  his 

next  friend 2,  p.  1520,  §    834 

infant  not  liable  to  arrest  on  civil  process 2,  p.  1520,  §    834 

violation  of  contract  resulting  in  tort,  infant  not  liable. 2,  p.  1521,  §    835 
infant  not   liable  to   action   for  fraudulent  y    representing 

himself  to  be  of  age 2,  p.  1521,  §    835 

when  infant  liable  for  fraud 2,  p.  1522,  §    835 

liability  of  infant  for  trover 2,  p.  1522   §    835 

infant  wife  not  bound  by  release  of  dower,  though  she  de- 
clared herself  of  age 2,  p.  1522,  §    835 

infant  must  defend  suit  by  guardian  ad  litem 2,  p.  1527,  §    840 

if  be  ajipear  by  attorney  no  objection  can  be  taken  after 

v^""^'^* 2,  p.  1528,  §  840 

when  court  will  appoint  guardian  c(d  lUan 2,  p.  1528,  §  840 

guardian  ad  litem  cannot  waive  infant's  rights 2,  p.  1528,  §  840 

infant  cannot  waive  defects  in  service  of  process 2,  p.  1528.  §  840 

infant  is  not  bound  by  his  acceptance  of  service 2,  p.  1528  n,  §  840 

infant  defendant  to  a  suit  in  eijuity  will  be  protected  by 

court  without  filing  of  cross-bill 2,  p.  1528   §  840 

under  statute  providing  for  proceedings  against  non-resident 

defendants  by  publication,  non-resident  infan  s  may 

be  so  proceeded  against 2,  p.  1528,  §  840 

judgment  against  an  infant  who  has  been  served  voidable, 

°"*  ^"''1 2,  p.  152S,  §  840 

court  will  vacate  judgment  against  infant  where  unjust  2,  p.  1528,  §  840 

decree  cannot  be  taken  ^ro  coufesso  against  infant 2,  p.  1529,  §  840 


6706  PARENT  AND  CHILD — PARTITION. 

Parent  and  Child— (Continued.) 

infant  must  liavu  day  after  ho  becotnos  of  ape 2,  p.  IJi^O,  §    840 

infants  l)ound  by  jmlgment  ap;iinst  tlieni,  wlicu 8,  p.  1521),  §    S40 

iufuuts  must  be  made  parties  to  bills  in  etjuity  affecting  title 
tu  real  estate;   making  guardians  parties  not  sulli- 

cient 2,  p.  1,V20,  §    S40 

action  must  be  against  adult  only  on  contract  with  infant 

and  adult 2,  ]>.  l."),'l(),  §    840 

infancy  may  be  specially  pleaded  in  b.ir 2,  p.  l'>'M,  §    SO) 

infancy  may  be  set  up  under  general  issue 2,  ]>.  ]')',<{),  §    !S40 

iufant  entering  service  assunie.x,  like  an  adult,  the  risks.  1,  p.    t'lT,  Ji    '.I'i'J 

provided  the  contract  was  a  valid  one 1,  p.    547,  S    UUl* 

employment    of    iufant    in   dangerous    work    not    negli- 
gence  1,  p.    54S,  §    30!) 

master  must  explain  the  risks  to  minor 1,  p.    548,  §    I^oy 

aliter  as  to  patent  dangers 1,  p.     548,  g    .'iOD 

master  sending  minor  to  perform  a  dangerous  service  out- 
side his  regular  duties  liable  if  he  is  injured  perform- 
ing it 1,  p.    54S,  §    309 

infant  of  fourteen  years  presumed  to  have  capacity  to  recog- 
nize and  avoid  danger 1,  p.    549,  §    S09 

Parties. 

See  CoNTRACT-s,   5;    Co-TE!fANCY;    Ejectment;    Pleading 
AND  Pkactice,  8,  11. 
Partition. 

partition  defined:  suit  is  in  rem 6,  p.  4450,  §  2728 

action  for  partition  is  a  local  action 6,  p.  4450,  §  27'-S 

title  may  bo  contested  in  partition  suit 

6,  p.  4451,  §  27-28;  6,  p.  4456,  §  2-32 

voluntary  partition;  what  is;  when  made 6,  p.  4451,  §  2729 

written  agreements  for  partition  enforced  in  equity 6,  p.  4452,  §  2730 

unexecuted  parol  agreement  for  partition  not  l>inding.  .6,  p.  4453,  §  2731 
uliti'r  when  possession  of  shares  is  taken  thereunder.  .6,  p.  4453,  g  2731 

jurisdiction  of  equity  to  order  partition 6,  p,  4454,  §  2732 

ia  not  taken    away    by  statutory   regulations  for  parti- 
tion  6,  p.  4453,  §  2732 

equity   will  not  interfere  with  partition    commenced  at 

law 6,  p.  44,"5,  §  2732 

in  equity,  legal  title  must  be  clear  and  undisputed.  .  .6,  p.  4455,  §  2732 
court  of  one  state  has  no  jurisdiction  to  decree  partition  of 

lands  1)  ing  in  another  state 6,  p.  445(>,  S  37.>.) 

statutes  as  to  partition  in  most  of  the  states;  requisites.6,  p.  4-150,  g  3733 

w ho  may  have  partitiim 6,  p.  4457,  §  2734 

niortgngor  and  mortgagee 6,  p.  4929,  §  3039 

who  may  not  have  partition 6,  p.  445S,  S  2734 

of  what  property  may  partition  be  made 6,  p,  44()(>,  §  2735 

of  wliat  property  may  not  partition  be  made 6,  p.  44G0,  §  2735 


840 

840 
810 
840 

.'iOit 

3o:> 


309 
309 


PAIITITION — rAinNEllSHIP.  6707 

Partition— (Continued.) 

who    are    necessary    parties    in     procoidings    for    pnrti- 

tion 6,  p.  44C1,  §273(5 

anciently  mode  of  decrcoinjj  partition  was  to  allow  alter- 
nate ufce  of  property 6i  p.  44()3,  ij  2737 

in  modern  times,  c mrts  will  decree  sale  and  division  of  i)ro- 
ceeds,  especially  where  partition,  from  nature  of 
property,  cainiot  be  made 6.  p.  4-4G3,  §  2737 

court  will  order  a  sale  of  j)ropt'rty,  aUliou;^h  capalile  of  be- 
ing equally  divided,  if  division  will  depreciate  its 
value 6,  p.  4403,  §2737 

power  of  court  to  vacate  a  sale  will  not  be  exercised   Mlien 

rights  of  Ijundjiile  purchasers  have  intervened. .  .6,  p.  44G4,  g  2737 

order  of  sa'e  expires  with  the  term  at  which  sale  should 

have  been  made 6,  p.  4464,  §  2737 

when  real  estate   cannot  be    divided,  it  may  bo  decreed   to 

imrticioner  at  valuation 6,  p.  44G4,  §  2737 

if  sale  is  necessary,  the  citurt  has  power  to  adjust  and  se- 
cure rights  of  parties  in  proceeds 6,  p.  44G4,  §2737 

•      if  bill    pray   for  general  relief,  decree  may   direct  an    ai-- 

eount  of  rents  and  profits 6,  p.  44G4,  §  2737 

if  estate  consists  of  distinct  kinds  of  projierty,  part  of  each 

kind  should  be  assigned  in  severalty 6,  p.  44G4,  §  2737 

share  of  tmo  tenant  may  be  set  off,  leaving  residue  undi- 
vided  6,  p.  44G4,  i5  2737 

improvements  should  be  allowed  to  tenant  who  made  tlieni, 

when 6,  p.  44G4,  §  2737 

right  to  crop  growing  on  property  at  time  of  jjartition.  .6,  j).  44U5,  §  2737 

requisites   and    eflect   of   judgment    or    decree  for    jiarti- 

tion 6,  p.  44GG,  §  2738 

riglit  of  purchaser  at  partition  sale 6,  p.  4407,  §  2738 

deed  of  partition  merely  fi.xes  boundaiies,  and  does  not  af- 
fect title  of  paities t{,  p.  44G7,  §  2739 

each  partitioner  becomes  warrantor  of  the  other  to  extent  of 

portion  allotted  to  him 6,  p.  44G7,  §  2739 

implied  warranty  of  title  in  partition  deeds 6,  p.  44G8,  §  2739 

Partnership. 

See  also  Attorney  and  Client;  Good  Will;  Joint  Stock 
Companies. 

1.  The  Contract  of  Partnership. 

2.  I'owERS  of  Partners. 

3.  Di'TiEs  AND  Rights  of  Partner-s. 

4.  Liadilitv  of  Partners  and  Partnership, 

5.  Partnership  Property. 

6.  Dissolution  of  Partnership. 

7.  JSuiTs  betwken  Partners. 

8.  Limited  Partnership. 


0708 


PAnTNEUSIIIP. 


Partnership— (Continued. ) 
1.   The  Ciiiitrart  (/  Pdrfiifr.s/iip, 

l)artnfihhi|)  tluliiieil 2,  p. 

contract  of,  nceil  not  he  in  writing 2,  \>. 

niiiy  l)e  ini])liotl  from  nets  of  piirtics 3,  p. 

written  contract  i.'resunieil  to  contiiin  all  conditions  of  part- 

ner.sliip S.  ]>. 

persons  failinj^  to  orgiini/o  properly  as  corporation  beoonio 

piirtners 2,  p. 

sorial  and  political  clnlis  not  partncrsiiip 2,  p. 

members  of  masonic  lodge  not  jjartners 2,  p. 

action  lies  for  breach  of  agreement  to  form  partiierMhip.2.  p. 
partnership  articles  cannot  be  vaiied  except  by  conaent.2,  p. 

object  of  partnership  must  bo  a  legal  one 2,  p. 

any  calling  or  business  may  be  object  of  partnership. .  .2,  p. 

peculiar  rules  as  to  mining  partner^liip 2,  p. 

partnership  may  ado[)t  any  firm  name  desired 2,  p. 

change    in    name    of    firm   does    not    alFout    liabilitiex    or 

rights 2,  p. 

persons  carrying  on  business  in  dilTerent  places  under  dillbr- 

cnt  names 2,  ]>. 

partner  must  sign  note  in  firm  name 2,  p. 

partnership   name   a  trade-mark   and    cannot   be   used    by 

others 2,  p. 

use  of  name  after  partners  having  such  name  are  dead.  3,  p    II 
one  partner  after  dissolution  cannot  use  tiinis  name.  .  .3,  p. 

penalty  for  wrongfully  using  firm's  name 2,  p. 

who  may  be  pariners 2,  p. 

infant's  contract  of  partnership  voidable 2,  p. 

corporation   cannot   cuter   into   partnership   with    individ- 
ual   2,  p.  1 19.1,  §  (];{:;  see  1,  p. 

no  limit  to  number  of  p.TSons  who  may  form 3,  p. 

husband  and  wife  as  partners  uiub  r  statute 2,  p. 

specific  performance  of  partneisiiip  agreement  will  not  be 

decreed 5,  p. 

general  reputation  that  one  is  partner  not  sufhcient. .  .  .3,  p. 

evidence  of  advertisements,  signs  and  hand- bills 3,  p. 

declaration  of  agent  of  firm  that  person  was  partner,  does 

not  bind  him 3,  p. 

books  of  a  firm  evidence  of  partnership  as  between  mem- 
bers   3,  p. 

two  persons  signing  note  jointly  no  evidence  of  iiartnership 

between  them 3,  p. 

sharing  returns    und  profits  does  not  make  sharers  pirt- 

ners 3,  p. 

nor  sliaring  firofits  as  salary 2,  p. 

contract  to  uivide  crops  raised,  not  a  partnership 2,  \i. 


100,  §  G35 

li).),  §  CW 

1 9 J,  §  035 

190,  §  035 

191,  §  G.33 
191,  §  635 
191,  §  (i3.) 
191,  §  (;:{5 
■J.31,  §  G58 
19.',  §  G36 
19-J,  § 
I9J,  § 
193,  S 


G36 
G36 
G37 


193,  §    G37 

193,  §    G37 
193,  §    G37 

193,  §  037 
)3  //,  §  037 
191,  § 
19!,  § 
19.-.,  § 
190,  § 


037 

C37 
G38 
038 


(173,  §    400 

19.-),  §    (i38 

37.J,  §    751 

202,  §  2598 

19.-).  g    039 

190,  §    039 

19G,  §    039 

19G,  §    C39 

196,  §  639 

197,  §  040 

198,  §  G40 
198,  ^    640 


PARTNERSHIP.  0700 

Partnership— (Continued. ) 

nor  loan  of  no  i.;y   to  bo  investe.l  in  tra.le,  lender  toli.vu 

one-hiilf  the  net  pn.lits 3,  ,,.  ,  i;,8_  g    q^q 

nor  a^'reenient  to  furnish  goods  at  tixid  prite,   an.l  to  allow 

seller  certain  portion  of  pidHt  of  luMule 8,  p.  1  IDS,  §    C4() 

nor  agreuuient   between  two    houses    to  sliaie   comniiHsi.'ns 

on  sales  of  goods  forwarded  by  on«!  to  other 2,  p.  1  JOf).  §    CIO 

nor  an  agreement  to  run  a  vo-'sel  on  shares 2,  \k  1  IlCJ   §    040 

contract  in  form  of  lea>e  does  not  constitute  je^gor  and  lessee 

partners,    because   the   lessor   advances   money   iiml 

asjrees  not  to  exact  rent ,2   p.  1 199  §    GIO 

joint  interest  in  a  patent  does  not  make  those   intcre-t.  .1 

P'^'"^'"^^'"'' 2,  p.  1100,  §    GIO 

persons   may   be   lial)le  as  partners  to  third  persons,  though 

as  between  themselves  they  are  not 2,  p.  1 100,  §    640 

partnership   relation   exists,    although  conditions  of  partner- 
ship are  not  understood  abke  by  piu\.  jra 2,  p.  1100,  §    GtO 

secret  or  dormant  partners;  lialiiiity  of 2,  p.  1l>0j[  §    041 

dormant    partner    not    personally    liable   for   jud-nients 

against  ostensible  partner  alone 2,  p.  120G   §    Gil 

dormant    partners    have    same   powers    as    other    pait- 

"'^" 3,  p.  120G,  §    G41 

one  whose  relations  to  co-partnership  are  e.xpressetl  in  the 

"  &  Co.,"  not  dormant  pat  trier 2,  p.  1  200   §    G41 

person  holding  himself  out  as  partner  liable  as  such. .  .  .2,  p.  1l'J7,'  §    G42 
use  of  man's  name  witliout  his  knowledge  cannot  make  him 

P'""*"*^'" 2,  p.  1207,  §    642 

use  of  name  must  have  been  known  to  person  who  seeks  to 

mike  him  liahle 3   ,,    joQy^  g    gjo 

diligence  in  contradicting  report  not  necessary 2.  p.  120S,  §    G42 

person  not  all'ected  by  unauthorizeil  newspaper  report  that 

he  is  member  of  certain  rirm 2,  p.  1208   §    642 

partner  who  has  retired  may  be  liable  as  "holding  out  "  if 

he  does  not  notify  customers 2,  p.  1208   §    642 

estate  of  deceased  partner  not  lialde   where   after  his  death 

executors  allow  his  name  to  remain 2,  p.  1208  §    G42 

!.  Pourm  of  Partners. 

one  partner  may  bind  firm  \t-ithin  scope  of  partnership.. 2,  p.  1213,  §    G45 

partner   exceeding  his  authority  in  making   contract   \wv- 

sonally  liable  on  it g.  ,,.  i^j^^  §    g^- 

p.artner  entering  into  contract  in  the  name  of  Hrm  estopped 

to  deny  authority 2,  p.  1215,  §    G43 

implied  authority  of  one  partner  may  be  revoked  by  co- 
partner by  notice  to  parties  dealing  with  him.  .  .2   p.  1215,  §    G45 

partner  may  ratify  an  act  of  copartner  not  within  tlie  scope 

and  usage  of  the  partnership 2,  p.  1215,  §    645 

what  is  within  implied  power  of  i)artuers 2,  p.  1215  §    646 


6710 


PAItTXEESIIIP. 


Partnership— (Continued.) 

implied  powers  of  partners  in  mining  partnership 2,  p.  1217,  §    646 

in  nedical  partnership 2,  p.  1217,  §    (]46 

in  legal  partnership 2,  ,-^.  121 7,  §  64R;  1 ,  p.    IV2-2,  §    1 96 

in  farming  partnership 2,  p.  li'lT,  §    G46 

in  theatrical  partnership 2,  p.  1217,  §    fMfi 

what  acts  are  not  within  implied  power  of  partners 2,  p.  1211),  §    646 

agreements  between   partners  restricting   authority  of  jtart- 
ners  not    binding    on    third    jiarties     except  after 

notice 2,  p.  1223,  §    647 

admissions  and  declarations  of  partners;  when  bindinj,'  on 

firm 2,  p.  1224,  §    648 

representations  of  partner  binding  on  firm 2,  p.  12J.J,  §    649 

alitcr  as  to  partner's  representation  as  to  the  extent  of  hia 

authority 2,  p.  1223,  §    649 

powers  of  majority  of  firm  to  decide   differences  and  dis- 
putes  2,  p.  1220,  §    654 

to  expel  a  partner 2,  p.  122!),  §    654 

implied  power  of  partner  to  make  assignment  for  benefit  of 

creditors 4,  p.  33S4,  §  1985 

one  partner  the  agent  of  the  others  in  all  partnershij)  busi- 
ness     1,  p.      20,  §      19 

where  partnership  an  agent,  one  partner  cannot  act  after 

death  of  anothttr 1,  p.      22,  §      21 

two  partners,  only  one  of  whom  is  guest,  can  maintain  action 

as  such  for  loss  of  goods,  property  of  firm 4,  p.  "Ofiii,  §  1784 

when  partners  may  sue  for  libel  in  partnership 3,  p.  2375,  §  1307 

3.  Dtdii's  and  Ri(jht.i  of  Partners. 

duty  of  partner  to  attend  to  business  with  diligence  .    .   2,  p.  1230,  §    fi.')") 

partner  may  sue  co-partner  fornegkct 2.  p.  1231,  §    655 

partner  not  entitled  to  compensation  for  transacting  part- 

nershii)  business 2,  p.  1230,  §    655 

extra  remuneration  permitted  by  express  agreement. .  .2,  p.  1230.  §    ()55 

or  implied  from  couise  of  dealing 2,  ]>.  1230,  §    655 

extra   compensation    where  other    partner    neglects    busi- 
ness  2,  p.  1230,  §    C55 

partner  must  not  make  private  gain  or  profit 2,  p.  1231,  jj    (ioO 

nor  engage  in  competing  business 2,  p.  1233,  §    G57 

rights  of  partners  in  partnership   property    

2,  p.  1235,  §001;  ^,  p.  1237,  §    664 
partners  entitled  to  share  equally  in  profits  of  business,  an<l 

contribute  equally  toward  losses 2,  p.  123S,  S    004 

right  of  partner  to  take  part  in  business 2,  p.  1 238,  §    065 

to  change  nature  of  business 2,  p.  123S,  §    066 

to  transfer  his  share. . 2,  ]).  1238,  §    067 

to  inspect  books 2,  j).  1 23S,  §    008 

to  indemnity  and  contribution 2,  p.  1239,  §    669 


PAETNERSHIP. 


6711 


C55 
G57 
664 


Partnership-(Continued.) 

to  retire  from  firm 2,  p.  1 210,  §    670 

notice  to  one  partner  of  deed  or  mortgage  is  notice  to  all. 2,  p.  1250,  §    674 
notice  to  one  partner  of  defects  in  goo.ls  sold  is  notice  to 

,    ,.,.,    ^" 2,p.l2oO,§    674 

4.  Liahtlitics  of  Partners  and  Partnership. 

As  to  Dormant  AxMu  Secrkt  Paiitnkrs,  see  1  ante. 

partners    jointly   and   severally    liable   for    obligations    of 


firm. 


2,  p.  1210,  §    643 

unless  credit  given  exclusively  to  individual  partner 

2,  p.  1210,  §043;  2,  p.  121"),  §  645 

outgoii:g  partner  remains  liable  for  firm  debts 2,  p.  1210,  §  644 

incoming  partner  not  liable  for  previous  firm  debts 2,  p.  1210,  §  644 

liability  of  outgoing  and  incoming  partners  generally. .  .2,  p.  1211,  §  644 
note  given   by  partner   in   iud, vidua!  name  not  enforceable 

against  partnersli  p 2,  p.  1215,  §  645 

liability  of  partnership  for  frauds  of  partners 

2,  p.  1225,  §  G50;  2,  p.  1227,  §  651 

for  torts  of  partner 2,  p.  1226,  §  6.30 

for  negligence  of  partner 2,  p.  122(;,  §  650 

for  conversion  by  partner 2,  p.  1 226,  §  OoO 

for  false  warraiity  by  partner.    2,  p.  1220,  §  (150 

one  partner  not  liable  fur  libel  publi.slicd  by  otlier 2,  p.  1226,'  g  650 

liability  of   partner  for  misapplication  of    money  by  part- 

^^^ 2,p.l227,§    651 

each   partner    liable    jointly   and    severally    fur    partner's 

^™"S« 2,  p  1228,  S    652 

every  partner  is  liable  for  vv(  '  tions  of  revenue  bycoi«it- 

"*^''^ 2,  p.  1228,  §    652 

action  for  injuries  sustained  through  negligence  of  empluyee 
of  firm  may  be  brought  against  any  one  or  more  or 

all  of  its  members 2,  ^^.  1228  S    652 

one  partner  not  liable  for  malicious  prosecution   bv  his  co- 

..P''^'"t'er 2    p.  1228,  §    652 

liability  of  partner  fur  libel  published  by  partner. .    . .   3,  p.  21!I4,  ;?  12;?7 
liability  of  members  of  law  partnership.  1,  p.  252,  §  150;   1,  p.     310,  § 
6.  Puilueris/iip  Property. 

isee  also  Dissolution  of  Partnership,  6. 

whni  is  partnership  property 2,  p.  ]2,'?5   S 

includes  all  property  bought  with  tirm's  money 2,\i.  VlWb,  i 

what  is  not  partnership  property 2,  i).  1235   s? 

partners  are  owners  in  common  of 2.  \).  1235   g 

conversion  of  partnership  realty  not  personalty  by  law. 2,  p.  123{>,  § 
on  death  of  p.".rtner,  partnersiiip  realty  goes  to  heirs,  and  is 

not  distributed  as  personalty 2,  j).  1236  § 

partnersiiip  realty  is,   in   ecpiity,  chargeable  with  .lebts   of 

*^'''" a,  p.  123G,  §    662 


188 


65<) 
65!) 
oOO 
661 
662 

662 


6712 


TAETNERSHIP. 


Partnership — ( Continuerl. ) 

laud  purchased  and  held  for  partnership  purposes  is  partner- 
ship properly,  although  not  necessary  for  purposes  of 

firm     2,  p. 

conversion  of  p\rtiiership  property  by  agreuniunt 2,  p. 

rights  of  partners  in  partnership  property 2,  p. 

shares  of  partners,  iu  absence  of  agreement,  presumed  to  be 

equal 2,  p. 

partnership  contract  is  several  as  well  as  joint,  and  estate  of 

deceased  partner  liable , 5,  p. 

deposit   made  in  name  of    firm  must  not  be  paid  to  indi- 
vidual.     .2,  p. 

6.  Disnohition  of  Partnership. 

dissolution  of  partnership  by  act  of  law 2,  p. 

by  expiration  of  term  of  articles 2,  p. 

by  motion  of  dissolution 2,  p. 

by  withdrawal  of  one  partner 2,  p. 

by  the  alienation  of   a  partner  of  his  share,  or   by  his  as- 
signing or  encumbering  his  interest 2,  p. 

by  death  of  partner 2.  p. 

by  lunacy  of  partner 2,  p.  1241,  §  671;  2,  p. 

by  marriage  of  female  partner,  or  marriage  between  jjart- 

ners 2,  p. 

by   bankruptcy   of   partner,  or   his  interest   being   taken 

under  an  execution 2,  p. 

by  assignment  for  benefit  of  creditors  of  entire  assets. 2,  p. 
by  happening  of    event    which    makes  business  unlaw- 
ful   2,  p 

by  admission  of  new  partner 2,  p. 

by  refusal  of  partner  to  recognize  partnership 2,  p. 

partner  may  sue  co-i'artner  fur   wrongfully  dissolving  part- 
nership  2,  p. 

burden  of  proving  dissolution  of  partnership  on  jjerson  alleg- 
ing it 2,  p. 

equity  may  declare  partnership  void  uh  initio 2,  p.  1' 

when  court  will  dissolve  partnership  at  suit  of  partner.  ,2,  p. 

not  at  suit  of  party  in  fault 2,  p. 

nor  when  dissolution  would  work  injury 2,  p. 

partner  becoming  lunatic 2,  p. 

partner  becoming  disabled  in  health 2,  |). 

partner  excluding  othei  from  business 2,  p. 

partner  guilty  of  dishonesty 2,  p. 

hostility  between  partners 2,  p. 

bad  character,  drunkenness,  on  jiart  of  putner 2,  p. 

[lartner  refusing  to  furni.sh  capital  as  agreed 2,  p. 

good  ground  for  dissolution  that  partner  has  become  lialtle 
to  a  criminal  prosecution 2,  p. 


1236,  §  CG2 
V2-M  §  663 

1237,  §  664 

1238,  §  664 
3975,  §  2383 

921,  §  526 

1240,  §  671 

1240,  §  671 

1240,  §  671 

1241,  §  671 

1241,  §  671 

1241,  §  671 

1244,  s  672 

1241,  §  671 

1211,  §  671 

1241,  §  671 

1242,  §  671 
1242,  §  671 
1242,  §  671 

1242,  §  671 

1242,  §  671 

243  ,1,  §  672 

1  -'43,  §  672 

1246,  §  672 

1240,  §  072 

1244,  §  672 

124  4,  §  072 

1244,  §  072 
1214,  §  672 
1244  §  072 
1240,  §  072 
1240,  §  072 

1245,  §  672 


PARTNERSHIP.  6713 

Partnership— (r-ontimied.) 

where  partnership  heiii :  for  a  fixed  tenr,  anothpr  partner 

assl^'n9  or  e'lcumbers  his  partnership  interest 2,  p.  1245,  §    672 

whiro  business  of  partnership  can   be  carried    on  only   at 

,    ^"^^ 2,  p.  1245,  §    672 

where  accomphshment  of  purpi-ses  of  pai  tnurship   is  ren- 
dered impracticable 2,  p.  1245,  !?    072 

that  whole  of  firm's  capital  has  been  lost 2,  p.  1245,  §    672 

where  there  was  fraud,    misrepresentation,  imposition  or 

opprt»ssion  in  original  agreement 2,  p.  1245,  §    672 

or  where  8ubsec,uent  causes    render   partnership   onerous 

and  oppressive 3,  p.  jgio,  §    672 

that  one  of  the  partners  collected  and   converted   to  liis 

own  use  a  large  sum  belonging  to  firm 2,  p.  1245,  §    672 

that  partn.  r  exaggerated  value  of  property,   not  grwund   for 

dissolution 2_  p    jo^g  g    g-g 

nor  trifling  breach  of  partnership  articles 2,  p.  1 245,  §    072 

nor  mere  e-  ror  of  judgment  by  partner 2,  p.  1245,  §    672 

nor  small  differences,  grievances,  or  misconduct  not  of  per- 
manent injury  to  partnership 2,  p.  1245   §    672 

nor  discourtesy  to  customers,  not  causing  any  serious  in- 

„        J"''^ 2,  p.  1245,§    672 

t  I  partners  or  their  representatives  indispensable  parties  to 

bill  for  dissolution  of  co-;  artnership  and  account. 2,  p.  1240,  §  672 
such  bill  cannot  be  sustdned  in  that  form,  if  evidence  shows 

that  members  have  been  incorporated 2,  p.  1246   §    672 

agreement  in  partnership  articles,  to  submit  differences  to 

arbitration,  will  not  preclude  partner  from  bringing 

a  bill  for  dissolution 2,  p.  1246  §    67*^ 

creditor  may  atta  k  proceeding  for  dissolution  of  partnership, 

at  any  time  before  final  distribution 2,  p.  1247,  §    672 

decree  will  usually  order  dissolution  to  date  from  day'  of 

^"^''y- 2,  p.  1247,  §    672 

It  may  be  ordered  to  take  effect  from  filing  of  bill 2,  p.  1247,  §    672 

costs  of  procet- ding  for  dissolution  of  partnership  will  be  or- 
dered paid  out  of  partnership  estate,    unless   where 

one  partner  has  been  guilty  of  misconduct 2,  p.  1247,  §    672 

attorney's  authority  terminated  by  dissolution  of 1,  p.    272,'  §    16-t 

does  not  effect  engagements  already  made 1,  p.    272,  §    164 

dissolution  of  partnership  revokes  agency 1,  p.      64,  §      46 

but  not  mere  change  in  firm  name l,  p.       (34.   g      ^g 

agent  of  a  partnership  not  justified  in  c-ntinuing  to  perf  .rm 
his  duties  as  such,  after  being  notified  of  a  change 
in  the  firm  by  admission  of  new  partners,  without  re- 
newed authority  from  the  new  firm 1,  p.       gt;   §      42 

•Iter  dissolution,  partners  still  bound  untd  notice  given   to 

''"'*°'^«" 2,  p.  1247,  §    673 


G714 


PAItTNEllSniP. 


Partnership— (Contimied.) 

•lissolutioii  of  partnership  dissolves  contract  of  service..!,  p,    494,  §    2S3 

notice  not  essential  where  dissolution  is  by  death  of  party.  2,  p.  1247,  §    673 

or  his  baiikriijjtcy 2,  p.  1247,  §    673 

or  partner  is  not  known  to  have  been  a  partner 2,  p.  1247,  §    873 

note  executed  before,  but  not  delivered  tdl  after  dissolu- 
tion of  p.artnerdhip,  does  not  bind  it 2,  p.  1248,  §    673 

notice  of  dissolution  of  partnership  good  by   publiL-ation   in 

newsp.tper,  when 2,  p.  1249,  §    674 

presunii)tion  thut  notice   of  dissolution  of  partnership   sent 

by  mail  was  received 2,  p.  12j0,  §    674 

continuation  of  business   after  expiration  of  time  limited  in 

articles,  effect  of 2,  p.  1251,  §    675 

authority  of  ]jartiiers  after  diss  lution 2,  p.  1252,  §    676 

rights  and  powers  of  survivor  after  death  of  one  part- 
ner  2,  p.  1254,  §    677 

after  dissolution,  each  partner  has  right  to  have  partnership 
property  a|)plied  to  the  payment  of  the  debts  a.'id  lia- 
bilities of  firm 2,  p.  1257,  §    678 

lien  of  partners  upon  partnership   property  to   enforce   its 

application  to  jjaj'ment  of  partnership  debts 2,  p.  1257,  §    678 

right  to  return  of  portion  of  premium  paid  on  entering  part- 
nership  2,  p.  125S,  §   679 

right  to  profits   made  after  dissolution,    where  one   partner 

cortinues  tiie  business 2,  p.  1259,  §    680 

distribution  of  assets  after  settlement 2,  p.  1262,  §    682 

(1)  in  paying  debts  and  liabdities  of  firm 2,  p.  1262,  §    682 

(2)  in  paying  to  each  partner  advances  as   distinguished 

from  capital 2,  p.  12G2,  §    682 

(3)  in  paying  to  each  partner  ratably  what  is  due  to  him  in 

respect  of  capital 2,  p.  1262,  §    682 

(4)  ultimate  residue  divihible  among  partners  in  their  pro- 

portions     2,  p.  12G2,  §    682 

losses  are  paid;  (1)  out  of   capital;  (2)  out   of  profits;  (S)  by 

partners  individually 2,  p.  1263,  §    683 

partnership  creditors  have  prior  right  to  individual  creditors 

to  payment  out  of  firm  assets 2,  p.  1263,  §    684 

individual  cieiitors  entitled  to  priority  of  payment  out  of 
partner's   individual  property  as  against  partnership 

creditors 2,  p.  1264,  §    684 

lien  of  partnership  creditors  for  j^ayment  of  debts   2,  p.  i26j,  §    684 

rights  of  partnership  and  individual  crelitors  respect- 
ively  2,  p.  1263,  §    684 

judgment  against  all  members  of  partnership  as  individuals, 
though  not  for  firm  debt,  has  priority  over  juilginent 
subsequently  remlered  against  same  persons  as  i)art- 
ners 8,  p.  1266,  §    684 


■   R 


PAKTNEliSHIP.  6715 

Partnersliip— (Continued.) 

one  co-partner's  share  in  goods  of  firm  may  be  sold  on  execu- 
tion for  his  individual  debt 2,  p.  12G7,  §    684 

on  execution  against  one  of  several  partners,  proper  mode  is 
to   levy   upon   and   sell   such   partner's    interest   in 
whole  of  partnersliip  effects 2,  p.  12G8,  §  G84 

partnership  creditor   may   resor.,  in    64'  ity  to   estate  of  de- 
ceased partner    without   first  pruceuding   ajjaiust  sn- - 

^'^"•"■^ .2,  p.  12GS,,    G84 

partnership  debt  several  as  well  a.s  JMint .2,  p.  12G8,  §    GS4 

discharge    in  insolvency  of   one    partner  does  not    release 

°*^''''^ 2,  p.  12GI),  §    684 

agroenient  of  creditor  to  discharge  one  partner,  on  his  giving 
security   for   payment   of   debt,    does   not   discliarge 

.       ^^''^""^ 2,  p.  1269,  §    684 

judgment  against   one    partner   bar  to   subseciuent    suit 

against  both q,  p.  12G9,  §    684 

7.   Suifs  hffweeu  Partnirs. 

one  partner  cannot  sue  co-partner  in  action  at  law,  during 
continuance  of  partnership,  concerning  matters  ap- 
pertaining to  partnership 2,  p.  12G0,  §    GSl 

partner  who   has  paid   whole  of    firm   debt   cannot  sue   his 

partner  for  contribution 2,  p.  12G0   §    681 

one  partner  cannot  sue  other  for   personal  services  rendered 

^'''" 2,  p.  12G0,  §    681 

cannot  maintam  tort  agninst   partner  for  mutilating  note 

belonging  to  firm °.2,  p.  12G0,  §    681 

nor  action    on   case  against   copartucrs.  for   damages   fr>r 

breach  of  contract  by  partner.-!iip 2,  p.  12G(),  §    681 

nor  for  advances  made  to  partner  by  lii  ui 2,  p.  12Go',  §    681 

nor  by  assuming  all  outstanding   debts  can   he  maintain 

uasuiiiiisU  for  balance 2,  p.  12G0  g    (iSl 

partner  may   sue  co-partner  at  law  fur  excess  which  he  has 

contributed  to  capital  stock 2,  p.  1260   «    G81 

for  breach  of  partnership  agreement 2,  p.  J2G0,  «?    (Wl 

for  c.Hitribution  where   partnership  is  terminated  by  c.n- 

.       ,''^"' 2.  p.  ]■_>(;],  ^  asi 

for  destruction  of  plaintiffs  individual  property 2,  p.  li'Gl,  g  (;;s| 

for  money  advanced  to  partnership 2,  p.  ]2(;]%  (;m 

for  share  of  profits  in  single  transaction 2.  [..  ]2Gl'  g  681 

equity    will    entertain     bill     to     adjust     complicated    ... 

,      """"*^ 2.p.l2GI,S  GSl 

partner  cannot  have  partial  accounting 2,  p.  12G2,  §  G81 

equity  may  order  canceled   partnor^,hip  articles  procured  by 

false  representations 2,  p.  126"  S  G81 

8.  Limited  Piirtnershlps. 

limited  partnerships  defined 2,  p.  1274  ^  688 


G716 


PARTNERSHIP — PATENTS. 


Part  nership— (Continued. ) 

statutory  methnds  of  forininji  and  organizing 2,  p.  1274,  §    688 

powers  and  Iial)ilitie3  of  general  partners 2,  p.  1276,  §    600 

of  speeial  partners 2,  pp.  127(5 -1(>7!(,  §    691 

dissolution  of 2,  pp.  127!),  1260,  §    602 

Party  Walls. 

party  wall  defined:  how  created 6,  p.  4518,  §  27S9 

wlit;ther  structure  a  party  wall  a  question  of  fact 6,  p.  4.'J4!t,  g  27S9 

either  owner  may  use  p  irty  wall 6,  p.  4.")49,  §  2790 

rights  of  purchasers  of  either  lots 6,  p.  4550,  §  2790 

owuer  of  laid  cannot  compel  owner  of  adjoining  premises  to 

build  party  wall 6,  p.  4.'>50,  §  2791 

nor  can  either  demand  co      ihution  from  other 6,  p.  4550,  §  2791 

effect  of  destruction  of  party  wall 6,  p.  4551,  §  2791 

Pastor. 

Sue  Religious  Socihties. 

Patents.     See  CoNsrixoTiONAL  Law,  8;  Public  Gkants. 

origin  and  nature  of 4,  p.  2863,  §  1650 

former  st^itutory  provisiims 4,  p.  286.'{,  §  1051 

consolidation  act  of  1870 4,  p.  2SC5,  §  1652 

the  patent-office  and  otliceis 4,  p.  2865,  §  1653 

printing  of  papers 4,  p.  2S66,  §  1 654 

cojties  as  evidence 4,  p.  2866,  §  1()53 

insurance  of  patents,  duration,  date 4,  p.  2S67,  §  1656 

what  inventions  patentable 4,  p.  2867,  §  1657 

patents  for  foreign  inventions 4,  p.  2368,  §  1658 

recpiisitLS  of  application 4,  p.  2868,  §  1659 

drawings,  wlien  requisite 4,  p.  2868,  §  16()0 

specimens  of  ingredients,  models 4,  p.  2869,  §  1661 

oath  of  aijplicant 4,  p.  2869,  §  16(i2 

exam  nation  and  issuance  of  patent 4,  p.  2869,  §  166.3 

time  for  completing  application 4,  p.  2870,  §  1664 

patent  to  assignee  of  inventor,  to  executor 4,  p.  287",  §  1665 

renewal  of  ajiplioation 4,  p.  2870.  §  1666 

assignment  of  patent 4,  p.  2871,  §  1667 

rights  of  ])urcliaser  before  application 4,  p.  2871,  §  1668 

patented  articles  to  be  marked,  penallies 4,  p.  2871,  §  16f)9 

cuccitH,  filing  and  effect  of .4,  p  2872,  §  1670 

rejecting  of  claim,  notice  of 4,  p.  2S73,  §  1671 

interferences 4,  p.  287!,  §  1672 

affi  lavits  and  depositions 4,  p.  2S7.'i,  g  167.3 

Bubpcenas 4,  p.  287.3,  g  1673 

witness  fees 4,  p.  2'i7;{,  g  1G7.» 

penalty  for  refusing  to  testify 4,  p.  2874,  g  1674 

appeals 4,  p.  2874,  g  1675 

proceedings   on   appeal   from  commissioner,    determinaticm 

of 4,  p.  2874,  §  167(» 


IG(>7 


1673 
1G73 


PATENTS— PAYMENTS.  G717 

Patents— (Cnntinuefl.) 

su.ts  in  equity  of  patent 4.  p.  2S75.  §  1877 

re-Kssne  of  defective  patents   4        2S7.>.  §  I G73 

aisclaiiner >#        „ 

Bu.ts  m  interference 4,  p.  2877,      I.;S() 

.nfnngements  smts 4,  p  2878.  §  IGSI 

plea,l.ng  u.  infringement  suits 4,  p   2^78   §  1(182 

infringement  where  specifiuaticn  too  broa.l 4   p  287'!   §  l(iS'{ 

previous  use  in  foreign  country 4]  p^  2880,'  §  l'iS4 

extention  of  patents  granted  prior  to  March  2,  1831...   4   p   '>S  o'  §  IGS". 

proceedings;  operation  of  extension 4,  p.  28^0,  §  1 GSP, 

patents  for  designs 4,  p.  28S1.  g  1<;S7 

penalty  for  usmg  patented  de  i-n  without  authority..  ..4,  p.  238"   §  ItiSS 

jurisdiction  of  the  fe.leral  courts  in  patent  cases 4    p   288"'  g  1(1  9 

.    "fthf^^'-^te  courts 4]  p.  2835,"  §  lOi.O 

injunctions  to  restrain  infrin.jem-  n^s  of  patents 4,  p.  2888,  §  IGJl 

joint  interest  in  a  patent   does  not  make  those  interest''.! 

r*"'''; 2,p.  1199,§    G40 

servant  m  .y  take  out  patent  for  macliinery  tliough  in  ein- 

ploy  of  master,  when  he  made  the  iuveutiou. 1,  p.    472  §    2GS 

Patent  Defects.  ' 

See  False  IIepreskntatioit. 
Paupers. 

See  Poor, 
Pawnbrokers, 

See  I'lelkJes. 

djHned 1        «,«««„-   . 

authority  of...         J' '' "S  .1''       '" 

Payment-  1.  p.  SOJ-^JS,  §    2J2 

of  deposits,  see  Banks,  6. 
of  service?,  see  Principai,  and  Aoent,  13^ 
of  bank  bills,  checks,  etc.,  see  Banks,  6. 
of  negotiable  paper,  see  NEooTfABLK  Lnstrhments,  8. 
of  premium,  see  Inscranck,  1. 

And  see  Accord  and  Satisfaction;  Joint  and  Severai 
Liabilities. 

1.  Payment  1.V.GENERA1,. 

2.  Appr(jpriatio.v  of  Payments, 

3.  b'ECoVKRY  OF  Money  Paid. 
1.  Pnymeut  in  General. 

See  Compromises. 

payment  discharges  debt  if  made  at  time  and  in  manner  rro- 

vided  by  the  contract g        ^ 

payment  made  by  a  stranger  di^char^es  debt 5.  p  4196  «  2V-  5 

party  pleading  payment  must  prove  it....  5    „  4,0..'  g  .,i:^ 

debtor  entitled  to  be  satisHed  of  authority  of  person' demamU 

T  . '"°  P^'"^"*  ^^'f^'-e  »-omp;ying  with  demand. ... 5,  p.  4196   5  ".535 


1 


0713 


PAYMENT. 


Payment  —  (Continued. ) 

possession  of  signeil  receipt  sufficient  evidence  of  authority 

to  demand  payment 5,  p.  419G, 

if  payment  is  not  made  at  proper  time,   creditor  has   claim 

for  damages 5,  p.  419(), 

effect  on  action  of  subsequently  accepting  payment. . .  .6,  p.  4ir«'i, 
payment  of  less  than  sum  due,  no  discliarge  of  debt.  ..5,  jj,  4iy7, 

And  see  also  Compromises. 
giving  of  negotiable  or  other  security  is  only  a  conditifcal 

paj'ment 5,  p.  41 97, 

but  is  an  absolute  payment  in  some  states 6,  p.  4198, 

payment  by  maker  of  note  or  acceptor  of  bill  discharges  it, 

so  that  it  is  no  longer  negotiable 5,  p,  4i!00, 

whether  stranger  to  a  note  who  takes  it  buys  it,  or  pays  and 

extinguishes  it,  depends  on  circumstances 5,  p.  4200, 

payment  in  forged,  invalid,  or  worthless  notes 5,  p.  4200, 

payee  must  return  forged  or  counterfeit  money  within   rea- 
sonable time 5,  p.  4201, 

payment  in  bills  of  insolvent  bank 5,  p.  4201 , 

payment  by  check,  efl'ect  of 5,  p.  4202, 

remitting  bauk  notes  to  creditor  by  post   discharges  debtor 

where  creditor  has  directed  this  method 5,  p.  4203, 

but  general  direction  by  creditor  to  remit  does  not  author- 
ize remittance  by  mail 5,  p.  4203, 

direction  to  remit  by  registered  letter;    remittance  by  letter 

not  registt  red  at  risk  of  debtor 5,  p.  4203, 

pnyment  by  setting  off  cross  items 5,  p.  42(J4, 

receipt  in  writing  is  only  prima  facie  evidence  of  payment 

of  debt 5,  p.  4204, 

iilitcr  where  made  under  seal 5,  p.  4205, 

payment  to  or  by  joint  creditors  or  debtors 5,  p.  4205, 

See  Joint  and  Several  Liaiulities. 

implied  power  of  agent  to  receive  payment 1,  pp.  110-113, 

agent  paying  money  to  principal  after   notice   of   rights   of 

third  party,  personally  liable 1,  p-     1 79, 

but  payment  before  notice  good 1,  p.    179, 

but  aliter  if  the  money  has   been  obtained  by  agent 

illegally  by  compulsion  or  extortion 1,  p.  179  n, 

or  his  authority  to  receive  't  was  void,  and  he  knew  it 

to  be  so.      1,  p.  179  n, 

payor  should  have  a  legal  right  to  recall  the  money. .  1,  p.    179, 
state  of  acciiunts  between  principal  and  agent  must  not 

in  meantime  have  changed 1,  p.  179, 

agent  may  sue  in  own  name  for  nxmey  paid  by  mistake.  1,  p.    203, 
right  of    principal   to   recover   money   wrongfully   paid   by 

agent 1,  p.     109, 

power  of  broker  to  receive 1,  p.    394, 


§2535 

5  2535 
g  2.135 
§  2535 


§2537 
§2537 

§  253S 

§  2538 
g  2539 

§  2539 
§  2539 
§  2540 


§  2541 


§2541 

§  2541 
§2542 

§  2543 
g2543 
§  2544 

§   71 

§  109 
§  109 

§  109 

§  109 
§  1U9 

§  109 
§  124, 

§  121 
§  224 


thority 

..5,  p.  419G, 

§2535 

1   claim 

..5,  p.  419(i, 

§  2535 

..5,  p.  41'.Vi, 

g  2535 

...5,  p,  4197, 

§  2535 

litid-al 

..5,  p.  4107, 

§  2537 

..5,  p.  41'J8, 

§2537 

rges  it, 

..5,  p,  4200, 

§  2538 

lys  and 

..5,  p.  4200, 

§  2538 

. .  5,  p.  4200, 

g  2539 

in   rea- 

..5,  p.  4201. 

g  2539 

..5,  p.  4201, 

§  2539 

..5,  p.  4202, 

§  2540 

delitor 

..5,  p.  4203, 

§  2541 

autlior- 

. .  5,  p.  4203, 

§2541 

Y  letter 

..5,  p.  4203, 

§  2541 

. .  5,  p.  42U4, 

§  2542 

lynient 

..5,  p.  4204, 

§2543 

..5,  p.  4205, 

§  2543 

. .  5,  p.  42a5, 

§2544 

,  pp.  110-113, 

§      71 

'lits   of 

..1,  p.     179, 

§    109 

..1,  p.    179, 

§     109 

f  ayeut 

.1,  p.  179  n, 

§    109 

.new  it 

.1.  p.  179  n, 

§    109 

..1,  p.    179, 

§    109 

list  not 

...1,  p.  179, 

§    109 

te.l,  p.    203, 

§    124. 

aid  by 

..1,  p.     199, 

§    121 

..1,  p.    394, 

§    224 

PAYMENT.  0719 

Payment  —  (Continued.) 

iiower  of  factor  to  receive j^  p_    421,  §  228 

payment  to  principal  good  as  a;,'ain3t  factor 1,  p.    4-_>2,  §  229 

implied  power  of  attorney  to  receive  payment  .  .1,  pp.  287  to  2S9,  §  172 
payment  of  judgment  or  decree  to  attorney  of   record,  who 
obtained   it  before  authority  revoked  and   due  notice 

of  such  revocation  given,  va.id 1,  p.  273  w,  §  1G5 

payment  to  agent  of  attorney  of  note  in  hands  of  latter  for 

collection  not  good i,,     209  §  161 

duty  to  pay  over  money  to  client 1,  p.    298,  §  179 

auctioneer  may  receive  payment 1,  p.    3(jo  §  015 

but  not  for  land j^'  p     ^Gi)',  §  217 

duty  of  auctioneer  to  pay  over  proceeds  of  sale 1,  jj.     3()1,  §  214 

payment  to  foreign  executors  and  administrators 2,  p.  1693,  §  980 

payment    may    be     restricted    to    be    out    of     particular 

^""'' 5,  p.  4145,  §2503 

2.  Apprnpriatiun  0/ Pai/metits. 

debtor  may  appropriate  payment  made  by  him  to  whatever 

debt  he  chooses 5,  p.  4206,  §  2545 

even  to  account,  not  due 5   ,,.  4206,  §  2545 

aWer  as  to  involuntary  paymenLs    or  those  under  process  of 

^^^ 5,  p.  4206,  g  2545 

intention  of  appropriating  paymeni,  lo  particular  debt  may 
be  inferred  from  circumstances,  although  not  declared 

in  express  terms  by  debtor 5,  p.  4207,  §  2546 

or  may  be  proved  by  i)arol  evidence  of  directions  given 

either  previously  or  subsequently  5,  p.  4207,  §  2546 

where  debtor  does  not,  creditor  may  make  appropriation  of 

Payi'ent 5_  p.  4208,  §2547 

to  what  debts  creditor  may  not  appropriate 5,  p.  4210,  §  2547 

if  neither  debtor  nor  creditor  make  any  appropriation,  law 

appropriates  payment  to  earlier  debt 5,  p.  421 1,  §  2548 

rules  as  to  appropriation  by  the  law 5,  p.  4212   §  2548 

liVfij very  of  Money  Paid. 
money  paid  fur  another's  use  may  be  recovered  on  implied 

<^"nt''a'=* 5,  p.  4213,  §2549 

compulsory  payment  of  another's  debt;  amount  paid  may  be 

recovered 5,  p.  4213,  §  2.-50 

alitcr  as  to  voluntary  payment  of  another's  debt 5,  p.  4214,  §  2551 

where  money  received  by  one  under  circumstances  which  re- 
quire that  it  sliould  be  paid  over  to  another,  law  im- 
plies a  contract  to  so  pay  it 5,  p.  4214  §  2552 

if  one  person  obtains  possession  of  mom^y  which  ex  a>qvo  et 
bono  belongs  to  another,  latter  may  maintain  action 
to  recover  it 5,  p.  4214,  §2552 

where  one  fraudu'ently  or   wron-ifally  obtains  property   or 

money  of  another,  latter  may  sue  to  recover  it.  ..5,  p.  4214    §  2553 


■ 


6720  PAYMENT. 

Payment  —  (Continned.) 

money  ohtaiiied  by  compulsion  or  duress  may  be  recovered 

back 6,  p.  421f?.  §  25f5t 

as  money  yaid  to  protect  life  or  goods 6,  p.  4U17,  §  '2J55 

payment  nimle  under   duress  as  to  real  propoi  ty   cannot  be 

recovered  back 6,  p.  4210,  §2558 

money  |)aid  under  compulsion  of  le,'nl  process  cannot  be  re- 
covered so  long  as  judgment  stands 6,  p.  4219,  §  2557 

rule  extends  to  money  voluntarily  paid  in  compliance  with 

award  of  arbitrators 5,  p.  4220,  §  2557 

after  judgment  reversed,  money  paid  under  it  m.iy  bo  re- 
covered back 6,  p.  4220,  §  2557 

where  assessment  set  aside  on  certiorari,  money  voluntaiily 

paid  thereunder  m%y   be  recovered 6,  p.  4220,  §  2557 

if  act  of  compulsion  be  not  authorized  by  the  pro  ess,  action 
may  be  maintained  to  recover  back  money  paid  under 
it 6,  p.  4220,  §  2557 

illpgal  fees  paid  to  public  ofBcer  may  be  recovered  back.  6,  p.  4221,  §  2558 

voluntary  payment  without  compulsion,  not  recoverable. 5,  p.  4221,  §  2559 
or  payment  made  by  way  of  gift  or  with  a  gratuitous 

intention 5,  p.  4221,  §  2559 

or  a  payment  mnde  with  knowledge  of  all  the  circum- 
BtHUces,  in  discharge  of  claim  which  was  not  due,  or 

which  might  have  been  successful  y  resisted 6,  p.  4221,  §  2559 

makes  no  difTerence  whether  or  not  claim  was  made  in  an 

action  or  legal  proceeding 6,  p.  4221,  §  2559 

where  persfm  pays  tax  or  asessment — there  being  no  seizure 
or  proceeding  to  compel  payment — he  cannot  recover 
it  back  on  ground  tliat  tax  or  assessment  was 
illegd 6,  p.  4222,  §  2559 

payment  of  license  fee  to  engage  in  particular  business,  can- 
not be  recovered,  though  illegal 5,  p.  4222,  §  2559 

payment  of  a  waterdicense  fee  under  threat  of  cutting 
water  off  not  voluntary,  and  exc  ssive  charge  may  be 
recovered 5,  p.  4222,  §  2559 

Toluntary  payment  none  the  less  voluntary  because  accoi-- 

panied  by  protest 5,  p.  4223,  §  2560 

where  statute  requires  a  protest,  no  recovery  can  be  had 

without  one 5,  p.  4223,  §  2360 

illegal  tax  paid  cannot  be  recovered  unless  payment  was 

made  under  protest 6,  p.  4223,  §  2560 

protest  made  after  payment  is  of  no  avail 5,  p.  4223,  §  2560 

money    paid    under    mistake  of  fact,    may  be  recovered 

back 5,  p.  4223,  §  2561 

money  paid  under  m  stake  of  law  not  recoverable 5,  p.  4225,  §  2502 

money  paid  under  executory  illegal  contract  may  be  n  cov- 
ered back 5,  p.  4226,  §  2564 


PAYMENT— PERSON.VL  ritOrEKTY.  6721 

Payment  —  (Continued.) 

alltir  where  mistake  was  of  law  of  another  state 6,  p.  4?25,  §  2.')f)2 

al</cr  whun  agicL-munt  ia  uxetuted 6,  p.  4227,  §  2565 

where  intent   <i  law  was  to   ijrotect   party,    latter  may    re- 

eover  ev.n  on  c.vicuted  illet;al  contract 6,  p,  42:8,  §  '23G(i 

where  pcrsnn  pays  money  to  another  for  consideration  wliich 

whol  y  fiiila,  he  miy  recover  it  baclt 6,  p.  4225,  §  25G3 

if  party  has  obtained  consideration  stipulated  for,  he  cannot 

recover  back  upon  ground  that  it  was  of  no  value.5,  p.  4225,  §  25G3 
party  not  entitled   to   recover  l)ack  where  failure  has  been 

caused  by  his  own  defanlt 6,  p.  4ooq^  g  05(33 

essential    that    failure  of    consideration    should   be   com- 

Penalties"^'' 6,  p.  4226,8  25C3 

See  Uamaoes;  Mdnicipal  Corporations,  3. 
Pencil. 

wilting  on  instrument  may  be   in    pencil  as  well   as    ic 

.      '""^ 4,  p.  2fi04,  §1465 

an  indorsement  of  bill  or  note  in,  is  valid 4,  p.  2720,  g  1503 

will  wnttoa  iu  lead  pencil  instead  of  ink,  valid 6,  i)  51  lu'  §  3144 

Pension. 

of    officer    or  other    person    an,  incorporeal    chattel    per- 

^     .  ^   ^,^"!1"' 3,  p.  2443,  §  1348 

Perishable  Property. 

when   sale   of    "perishable   property,"   levied   on,    pern)it- 

Perpetuity' 7.  p.  555*.  ^  3677 

executory  devises  must  not  create  a  fierpetuity 6,  p.  4477,  §  2747 

what  does  and  docs  not  create  perpetuity 6*  p   4477'  §  '>747 

Personal  Acts. 

power  to  do,  cannot  be  delegated 1,  p.  25,  §  25;  1    p  29  n  §    «>8 

Personal  Property.  '     '  '     '  ^"  *"     '  «"   - 

See  Abanud.nmknt;  Acck'!.sio\;   Confcsion  of  Pitoi-KKxy; 
Guts;  Lcst  Pkopkety. 

1.  Title  to  Personal  Pkoperty. 

2.  Kinds  OF  Personal  pROPEiiTY. 
1.  Title  Co  Pt-monal  Properti/. 

as  to  the  right  to  the  increase  of  anim.al.s  and  the  rights  of 
the  finders  of  lost  animals  and  estrays,  see  Animals' 
as  to  stolen  chattels,  see  Contkai'ts;  as  to  lost  or 
stolen  bills  and  notes  and  other  negotial)le  instru- 
ments, see  Negotiable  Instrments;  as  to  title  by 
purchase  and  sa'e,  see  Coniracts;  as  to  title  by 
descent  and  devise,  see  Wills,  and  Dkscknt  and 
Distribution. 

title  of  personal  property  by  occupancy 3,  p.  2,'],  'SOO 

abandoned  and  derelict  property 3'  ,,   2;{S4   6;  1310 


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6722  PEKSONAL  PROrERTY. 

Personal  Property— (Continued.) 

waifs  and  treature-trove 3,  p.  23S3,  § 

wrecks  and  aUandnied  vessels 3,  p.  2381),  § 

lost   property;   rij;lit8    and    liabilities   of    finders   of  chat- 
tels   3,  p.  2.190,  § 

what  is  and  m  hat  is  not  "  lost  property  " 3,  p.  2.'J9.),  § 

title  by  ai  cession 3.  p.  2.!'J.'5,  § 

where  defendant  is  .k  trespasser 3,  jt.  2.V.H.  § 

where  defendant  is  not  a  wron^-docr 3.  p.  23'.'.5,  § 

title  by  confusion  of  property 3,  p.  '2'.Wo,  § 

by  misconduct  of  party 3.  p.  2.">'.iG.  § 

by  consent  of  the  ]iarties 3,  p.  23US,  § 

by  mistake  of  party 3,  p.  2.S!)0,  § 

by  act  of  stranger 3,  p.  2:«»D,  § 

by  inc  it-b!i;  accident  or  vis  major 3,  p.  2400,  § 

title  l.\    '.  ^ 3,  p.  240),  § 

other  nich'  >  t"  obtaining  title  to  chattels 3,  p.  242S,  § 

2.  Kiuils  of  /'-   -o,<a'  Property. 

diQerent  ';<i'  U  of  personal  property 3,  p.  2420,  § 

cliattol-  1  ial 3,  p.  2  \•l'^.  § 

chattel?  [leMonal 3,  p.  24iJ!t,  ^ 

corporeal  and  incorporeal  propci  t^ 3,  p.  242!),  ^ 

animals 3,  p.  2430,  § 

annuities 3,  p.  24.i0,  § 

copy-rights,  trade-marks  and  patents 3,  p.  2431,  g 

corpses 3,  p.  2432,  § 

cUv'idends li  ?•     "8.3,  § 

fixtures 3,  p.  2437,  § 

ice 3,  p.  213S,  g 

minerals 3,  p.  244 1 ,  § 

manure 3,  p.  2442,  § 

salaries  and  pvnsions 3,  p.  2443,  § 

ships  and  vessels 3,  p.  2443,  § 

vegetables,  fruit .^ 3,  p.  2443,  § 

money  and  evidences  of  indebtedness 3,  p.  2444,  g 

gold   and    silver    and   copper    coin  issued   by   the  govern- 
ment  3,  p.  2444,  § 

gold  coin  issued  by  private  person 3,  p.  2444,  § 

paper  currency,  as  bank  notes 3,  p.  2444,  g 

negotiable  instruments  of  any  kind 3,  p.  2444,  § 

securities  of  any  sort,  negotiable  or  not 3,  p.  2444,  § 

any  valuable  paper  of  whatever  kind  or  description.  .3,  p.  2444,  § 

promissory  notes 3,  p.  2444,  § 

cheeks 3,  p.  2444,  § 

drafts  or  bills  of  exchange 3,  p.  2444,  -; 

cvi<lencc8  of  title 3,  p.  2444,  § 

deeds 3,  p.  2444,  § 


1311 
312 

1313 
313 
315 
1316 
317 
3  IS 
319 
1320 
.'521 
322 
.323 
324 
,338 

.3:{9 
339 
339 
339 
340 
341 
342 
.343 
474 
344 
345 
346 
347 
.348 
:U9 
350 
.351 

.351 
.351 
351 
.351 
351 
.351 
351 
351 
351 
351 
351 


PERSONAL  PROPERTY— rHYSICIANS  AND  Sl,;^aLONS.        6723 

Personal  Property-  (ContinueJ.) 

chattel  mortgages 3^  p  2444,  §  l."'.! 

^^^i^^'^'^tCS 3      ,,.   0444^    g    ,;<-, , 

shares  of  stock 3^  p.  2444,  S  i:i.-il 

agreement  or  contract 3^  j,.  0444^  g  j  •.;,l 

^""•'« 3!  1).  2444^  S  l.V.I 

policy  of  insiinince 3^  p  2444.  ^  IS.'.l 

railroad  stocks  and  bonds 3    .,.  2444,  ^  i;;,")! 

unlocated  land  certificate 3,  p.  0444,  ^  i:!:.| 

judgment  or  judgment  roll 3,  p.  0444^  g  |;{- 1 

^^^<^^^tiun 3'  p  2444I  g  i.s,-,i 

book  of  records 3^  p  2444,(5  i:f."»l 

(Jocuments  and  juipers 3^  p   2444,  g  l.T)! 

exhibits  at  trial 3'  p  2444,'  §  I.T.l 

vouchers  and  copies  of  creditor's  account 3,  p.  0444.  1^  i:i.>l 

<^'"'^^^'"»'« 3,'  p,  2444,  §  l.-IJl 

manuscriittg,  letters,  and  newt^p.Tpers 3,  p.  •J444,  §  1 ;{.-,] 

demands  against  estate  of  another 3,  p.  2445,  g  l.'S.V.' 

right  of  action 3'  p.  2445,'  §  Kf.V.' 

right  to  legacy  or  distrilmtivc  share 3,  p.  •2445,  §  i:{52 

right  to  money  deposited  with  a  banker 3.  p.  2445,  S  i:i52 

interest  in  partnersliip 3.  p.  2445,  g  1  .•{52 

rolling  stock  of  railroad,  its  cars  and  locomotives 3,  p.  2445,  g  i:i5'{ 

*»^'«  *1<^<^'1« 3,  p   2445^  g  i:i5.{ 

good- will  of  business 3   p,  2445,  ?;  i  ;{5;i 

seat  in  exchange 3^  p    244-,'  §  ,;.-,.{ 

license  to  retail  liquor  not  property 3,  p.  0445  g  j-^;{ 

mere    idea,   unconnected  witli  any   pliysical    device,   not 

subject  of  ownership 3,  p.  2445,  §  1353 

Petitions. 

See  Plkadino  and  Practice. 

petitions  to  appointing  power  are  privileged 3,  p.  2327   §  12!i5 

Pews. 

status  of,  as  property 2,  pp.  1 IIH,  1 117,  §    GIS 

rights  and  liabilities  of  pew-holder 2,  pp.  ]  118,  1 122  §    CIS 

Physicians  and  Surgeons. 

as  to  privileged  communication,  see  Evidence;  and  see  In- 

SUKANCE  (b). 
legislature  may  regulate  practice  of  medicine  and  surgery, 

and  prescribe  qualiliiations  for  license 7,  p.  OIGO,  §  3911 

where  power  to  license  vested  in  board,  its  decision  will  not 

be  c  ntrolled  by  vuvulnniUH 7,  p.  6IG0   §  391 1 

but  such  body  cannot  arbitrarily  refuse  license  on  ground 

that  applicant  is  not  wortliy  of  confidence 7,  p.  GIGO,  §  391 1 

right  of  i)hysician  to  recover  for  .-services 7,  p.  6I6I  „   g  yyj  j 

duty  of  physician  as  to  care  and  skill;  liability  for  negligence 

or  malpractice 7^  p.  gigg  „_  §  grjn 


C724  PHYsiciAxa  and  surgeons — pleading  and  tractice. 

Physicians  and  Surgeons— (Continued.) 

test  of  pliysiL'i.in'a  ac(iuirenieiitH;  ditrerent  sohoola 7,  p.  C1G4,  §  3911 

culling  ill  tiiiotlier  phy-iiuiaii;  liubi.ity  fur  acta  of  sulistitiue 

or  associate 7,  J).  (iUi"),  §  391 1 

iin))Iiutl  piiwvTs  of  j)artiier8  in  mtdical  partmrsliips 2,  p.  1"J17,  §    040 

evivluncc  relevant  in  ac'ioiis  ;.;ainst  pliysician 2,  p.  I'JIT,  §    (J4(j 

evidence  iiicvulant  ill  acti  Ills  a;^aiii3t  physician 2,  p.  1217,  §    (J-IO 

burden  of  proof  of  negligence  in  medical  man  is  ou  plaiiit- 

i(T 7,  p.  (lUiO,  §3911 

physician  is  liable  f'lr  detainin^j  sane   person  in  a-iyluiii 

against  hia  will 7,  p.  GIGG,  §  3911 

action  lies  ag  linst  physician  who  intrudes  stranger  into  l>ud- 

room  of  sick  woman 7,  p.  61GC,  §  3911 

Action  lies  against  physician  ftir  neglect,  in  infecting  persons 

with  disease  from  other  patients 7,  p.  GIGT,  §  3911 

who  may  sue  for  malpractice   7.  i'.  G1G7,  §  3911 

contributory  ne^lig  nee  of  patient  iu  action  agvin-it  nied  cd 

man  for  malpiactice 7,  p.  G1G7,  §  3911 

action  lies  against  physician  for  iierforining  pott  nwrtim  iu 

careless  and  inhuman  manner 3,  p.  2435,  §  1343 

measure  of  couipensatiou  for  performing  surgical  opera- 
tion      1,  p.    46G  H,  §    266 

jjliysician  of  railroad,  with  authority  to  buy  medicines,  no 
iinjilied  power  to  contract  for  boaul,  lodging  and 
nursing  of  a  person  injured  by  the  cars 1,  p.    117,  §      76 

surgeon  of  railroad  no  implied  authority  to  bind  the  com- 
pany to  pay  foi  services  and  nn;als  furni.shed  nurses 
and  others  in  attendance  upon  employees  injured  in 
accident 1,  p.     117,  §      76 

slanders  and  libels  on  physicians  and  surgeons,  when  action- 

able 3,  p.  'JJ83,  §  1274 

Pictures. 

See  AKTI3T3. 
Pigeons. 

See  Animals. 
Pilots. 

See  Constitutional  Law,  8;  Siiirs  and  RiitrpiNo. 

licensed  pihit  voluntarily  eiiiployeil  by  i>wner  of  vessel  is  his 

servant,  for  whose  acts  he  is  lesponsible 1,  p.    517,  §    295 

where  it  is  compulsory  by  law  fur  master  to  take  particular 

pilot,  Li;i  acts  are  not  acts  of  owner  or  master. . .  1,  p.    517,  §    295 
Plants. 

See  Accession. 
Pleading  and  Practice. 

See  Action;  Kxecutions;  Injitnctions;  Judgments;  Man- 
damus; Quo  Warranto. 

\.  Plkauinos  at  Law  and  in  Equity  GENEUALr.v. 


PLEADING  AND  TKACTICE.  6725 

Pleading  and  Practice— (Continued.) 

2.  UnUI  K  TI£K  CODKS— TIIeCoMI'LAINT. 

3.  A.N'SWEK;    1*L,EA;   RuPLYj   DuuUKKluB. 

4.  Cri>s.s-comi'LAInt. 

5.  Set-okk  and  Countek-claim. 

6.  JoiNDEK  OF  Actions. 

7.  Joi N  I) EK  OF  Defenses. 

8.  Pakties. 

9.  JoiNOER  OF  Parties  in  Geverau 

10.  Joinder  OF  Parties  Plaintiff. 

11.  Joinder  OF  Parties  DefivNuaht. 

12.  Amendments. 

13.  Appearance. 

14.  Forms  of  AcnoN. 

15.  Variance. 
1(J.  Venue. 

17.  Writs. 

18.  MlSCELLVNEOUS, 

19.  Pleadinu  and  Practice  in  Particul-ae  Actions. 
(a. )  AioiiimpfiU. 

(b. )  Undtr  Civil  Damage  Law*. 
(c)  Conspiracy. 
(d. )  Dinljarmcnt  Proreedings. 
(e.)  Executors  and  AdminiMratnra. 
(f.)  False  Arrent  and  Imprisuamcnt. 
(g.)  Injunction. 
(h.)  Malpractice. 
(i.)  Neglijence. 
(j. )  XKjotiahle  Imtrumentit. 

(k.)  Persons  undtr  Disabdities;  r»/,ints'  L!»  ifations;  Married  U\,men. 
(1).  Action  against  Jiailroad/ur  Killing  Utoci:, 
(m.)  licplevia. 
(n. )  Stdurtioii. 
(o. )  Slander  and  Libel. 
(p.)  Statutes;  Actima  under. 
(q. )  Statutory  Action  for  Causing  DeatJu 
(r. )  Telegraphs. 
(s.)  Usury. 
1.  Ploadin/s  at  Law  and  in  Equity  genfrally. 

the  dilferent  pleadings  in  a  coinuum  law  action 7,  p.  5.185.  §  3406 

office  and  functions  of  pleadings 7,  p.  5:{8o.  §  3407 

the  p!eadinu'8  in  a  suit  described 7.  p.  5355,  §  3407 

necessity  of  selecting   proper   form   of  actiuu   at   counnun 

law 7.  p.  54.14,  §  .1460 

what  facts  only  must  be  state  1 7.  P  54"i5,  §  'W\0 

pleadings  in  equity  differ  from  tlio.se  at  Liw 7.  p.  5;j>9,  §  3410 

bill  of  coniplaiut;  its  different  parts 7,  p.  53S9,  §  3410 


G72G 


I'LEAUIXG  AND  PIJACTICE. 


Pleading  and  Practice    (rontinuud.) 

deiiuirror  to  bill  of  coiniilaint 7,  p.  5330,  §  3410 

plea  in  equity,  when  allowoil 7,  p.  ri.i'M),  i?  3410 

answer  in  eipiity,  when  re(i'.iiroil 7,  p.  Tj.'JDJ.  S  3410 

replication  in  ccpiity,  when  reciuired 7,  p.  ii'MO,  §  3410 

2.  Under  thi'  (^odvH  —  Tlie  Cijinjilniiil. 

different  forms  of  action  abolished  liy  the  codes 7,  p.  r>3()5,  §  3415 

one  form  of  action  substituted 7,  v.  "i^t'.Mi,  §  3416 

siecessary  variation  of  facts,  circumsfances  and  relief  .  .7,  p.  o.'t'.IO,  -^  3417 

law  and  eijuity  administered  in  one  tribunal 7,  p.  ri:i'.)7,  S  3418 

action  not  dismissed  because  money  relief  asked  for 7,  ]<■  'I'Ml,  §  3418 

object  of  codes  to  simplify  means  of  obtainiu'^  justice  .7,  p.  o.'iHT,  ?;  3411) 
codes  of  practice  do  not  change  duties  and  liabilities.  .  .7,  p.  oli'.IS.  S  ;>4J0 

the  different  forms  of  i)leadings  under  the  codes 7,  p.  'ti'i'y,  S  3101 

requisites  of  the  complaint 7,  p.  51l!(>.  >!  34(!1 

grounds  of  demurrer  under  the  codes 7,  p.  54.'{G,  §  3401 

complaint  or  petition  must  contain  statement   of   the   facts 

constituting  cause  of  action 7,  p.  .'U37,  §  34^2 

only  issuable  facts  must  be  alleged 7,  p.  o4.'!8,  §  34G2 

facts  which  constitute  single  cause  of  action  cannot  be  sub- 
divided into  two  or  more  counts ,  p-  513S.  ^  3403 

use  of  common  counts  in  assuiuiisit  retained 7,  p.  5t3S,  §  34G3 

where  complaint  sufHciently  allei,'eri  material  facts,  or  where 
such  facts  can  be  reasonably  inferred  from  allegations, 

complai.it  not  bad  on  demurrer 7,  p.  5439,  §  3404 

if   allegations  are  defective  or   incomplete  in  manner  or 
form,  remedy  is  by  motion  before  trial  or  subscMpfiit 

pleading  to  have  them  amended 7,  p.  5430,  §  3404 

petition  to  set  aside  will  should  contain  all  grounds  neces- 
sary  6,  p.  5190,  §  3222 

breacli  of  covenant  may  be  assigned  generally  by  negativing 

words  of  the  covenant 5,  p.  3853,  §  2294 

declaration   against  owner  for   injury  by  ferocious  animal 

must  aver  the  scieiittr 3,  p.  2499,  §  1384 

corporation,  in  suing,  need  not  aver  how  incorporated.  .1,  p.    038,  §    372 
drawing  impertinent  pleadings,  attorney  liable  for  costs.  1,  p.    254,  §    153 

3.  Answer;  Plfa;  Hfjjli/;  Demurrer. 

answer  and  denmrrer  the  only  i)leading3  for  defendant  uinler 

the  codes 7,  p.  5449,  §3473 

what  answer  must  contain  under  the  codes 7,  p.  544S,  §  3472 

answer  must  raise  issue  of  fact  only 7,  p.  5449,  §  3473 

demurrer  is  not  included  in  answer 7,  p.  5450,  §  3473 

defendant  permitted  in  some  states  to  demur  and  answer  at 

same  time 7,  p.  5  4.')0,  g  3473 

test  of  whether  pleading  is  a  demurrer  or  an  answer. .   7,  p.  545J,  §  3473 
reply  is   last  pleading  of  fact  permitted  by  most  of  the 

codes 7,  p.  5450,  §  3473 


HNDM 


3410 


PLEADING  AND  rRACTICE.  67l?7 

Pleading  and  Practice -(Continuctl) 

iu  some  status  no  reply  to  new  matter  necessnry  unless  such 

new  matter  constitutes  set  off  or  counterclaim.  .7,  ]..  54,")0.  ;;  347;{ 
in  other  states  all  new  mat'.er  must  he  replie.l  to,  or  its  truth 

will  he  taken  to  he  admitted 7,  j,.  r)4d0,  ?:  'M7:i 

special  dennjrrer  aholished  hy  codes;  motion  to  make  more 

definite  and  certain  suhstituted 7,  j,.  r)451,  §3474 

where  new  matter  alle;,'ed  in  answer  insuliiuient  to  constitute 

defense,  ohjection  properly  taken  hy  demurrer  .  .7.  p.  5451,  ;?  3475 
joint  answer  deniurrahle,  unless  yood  as  to  eacii  and  all  of  de- 

fe'"l'-»"t.'. 7,  1,  5452,  §3475 

demurrer  to  entire  answer  setting  up  several  separate  de- 
fenses will   he  overruled  if  answer  contains  one  good 

<lef'^"s« 7.  p.  5452,  §  3475 

defense  to  part  of  the  complaint  should  he  so  pleaded.  .7,  p.  5J.')2,  §  3475 

denial  under  new  practice  ecjuivalent  to  plea  iu  bar 7,  p.  54.")2,  §  347(> 

mode  of  denial  in  answer 7,  p.  5J52   >:  3476 

effect  (.f  general  denial 7^  p.  ,34^3]  ^  347^ 

specific  denial  is  denial  applicahle  only  to  particular  allega- 
tion controverted 7° p.  5453^  g  3470 

general  and   specilii   denial  not   permitted   to  same   allega- 

*'"" 7,  p.  5453,  §  347(i 

one  or  more  sp.-cial  allegations  may  he  admitted,  and  remain- 

<ler  denied  hy  a  gLueral  denial,  when 7,  p.  04.13,  §  347(3 

what  may  and  may  not  he  proved  umle- general  denial.  .7,  p.  5453,  §  3470 

statute  of  limitations  m-.st  he  specially  pleaded 7,  p.  5455,  §  347G 

"material   allegations "  not   denied   are    considered   as  ad- 

™  "e*l 7,  p.  545.-,  §  3477 

what  matters  need  not  he  denied  in  answer 7,  p.  545.3,  §  3477 

nothing  not  well  pleaded  admitted  hy  failure  to  answer.. 7,  p.  545G,  §  3477 
codes  have  not  changed  principles  of   common-law    pleading 

relative  to  negatives  pregnant 7,  p.  5450,  §  3478 

negative  pregnant  occurs  when  denial  is   pleaded   in    pre- 
cise language  of  allegation 7,  p.  5456^  §  ,}47s 

allegations  stated   conjunctively   must   he   denied   disjunc- 

t'^'^ly 7,  p.  54-(;,  §  347S 

argumentation  denied,  what  is  effect  of 7,  p.  5  J57,  j^  3479 

general  denial  of  allegations  not  otherwise  pleaded  to.  .7,  p.  5i57,  §  3480 
setting  up  new  matter  in   answer  eriuivaleut  to  plea  in  cou- 

fes.sion  and  avoidance 7,  p.  5t.-,7,  s  3481 

when  and  how  new  matter  may  he  pleaded 7,  p.  5457,  §  343! 

illegality  of  consideration   cannot  he   jdeaded  as  "failure  of 

consideration  " 5,  p_  3734^  (<  .joq^ 

wherever  defense  of  want  of  interest  is  set  up,  facts  consti- 
tuting it  must  be  specially  pleaded 7,  p,  5412,  §  3431 

I.  Cro<>s-co>njtl<iinf. 

what  ia;  allowed  by  the  codes 7^  p.  5470,  g  3495 


6723 


PLEADING  AND  riUCTICE, 


Pleading  and  Practice -(Continue<1.) 

alicjj  itiitiiii  of  cro'ta-cornpliiiiit  mint,  grow  out  of,  or  relata 
to  or  1)6  (lepuiiiliiiit  upon,  coutnict  or  trarinactioii  sued 
upuri,  or  alYMi  tl»o  pr  ipjrty  to  wliiyli  actimi  relates, 
or  be  CKiiauutoil  witli  su^Ject-iuitter  of  original  coin- 

plaint 7.  p.  5470,  §3493 

cro3s-coin[)1aint  muiit  state  all  fact:^  rei|uisite  to  constitute 

C.IU80  of  action  in  favor  of  ilefen  lant 7,  p.  5470,  §  3495 

not  necessary  that  defeu'lant  sliouKl  deny  alle;jations   of 

the  complaint  or  set  up  new  matter 7,  p.  5471,  §  3495 

whore  written  instruments  are  filed  with  complaint,  not 
necessary     that     cross-complaint     should     re-all(;;;e 

them 7,  p.  5471,  §3495 

not  njces<ary  t)  designate  cross-complaint  by  any  formal 

description  in  answer 7,  p.  5471,  §  3495 

dilTcrcnce  hutween  cross-complaint  and  counter  claim.  ..7,  p.  5471,  §  3496 
wliere  one  dei'end.int  seeks  relief  against  c  )-(lefen(lant,  or 
against  plaintiff  and  a  co-defendant,   cross-complaint 

and  not  counter-cl.kim  the  method   7,  p.  547*2,  §  3497 

5.   Si't-nff  ami  Cvnntar-daim. 

common-law  set-olf  merged  in  countcr-c^aim  in  most  of  the 

code  states 7.  p.  5 101 ,  §  3485 

but  unlii|ui.lated  d<-niands  cannot  be  set-olT 7,  p.  5101,  §  3435 

counter-claim  is  wider  than  get-olF 7,  p.  S4(>1,  g  34S6 

what  is  a  counter-claim;  from  what  must  it  arise 7,  p.  54()2,  §  34S6 

how  must  counter-claim  be  set  up 7,  p.  54(i3,  §  3486 

c  unter-claim  may  include  equitable  relief 7,  p.  54(>4,  §  3487 

must  be  designated  as  such 7,  p.  5404,  §  3488 

must  be  in  favor  of  defendant  pleailing  it 7,  p.  5405,  §  3489 

the  demand  set  up  iiuii<t  exist  ag  dust  plaintilF. 7,  p.  5400,  §  3490 

debt  due  from  one  of  several  plaintiffs  to  defendant,  ciniioc 

be  counter-claimed  so  as  to  reduce  joint  recovery  .7,  p.  5467,  §  3491 
where-several  plaintitf-<,  and  cause  of  action  joint,  counter- 
claim or  set-otT  belonging  to  one  of  defendants  can- 
not be  pleaded 7.  p.  6407,  §  3491 

if  defendants  are  severally,  or  jointly  and  severally,  liable, 
counter-claim   in  favor  of  one  of  defendants  is  well 

pleadf  d 7,  p.  54G7,  §  3491 

what  matte'  s  cannot  be  subject  of  counter  claim 7,  j).  5407,  §  345(2 

eountjr-cl  lim  ii;u-it  arise  out  of  the  contract  or  be  connected 

with  the  subject  of  the  action, 7,  p.  5409,  §  3493 

same  rule  applies  in  actions  of  tort 7,  p.  5409,  §  3494 

depositor  in  insolvent  savings-bank,  who  owes  it  for  bor- 
rowed   money,    cannot   sut-olT  deposit   against   such 

debt 2,  p.    879,  §    514 

on  suit  by  meniber  of  law  fiim,  defendant  may  set-off  de- 
mand against  firm 1,  p.    271,  §    IC2 


TLEADINQ  AND  riUCTJCE.  G72U 

Pleading  and  Practice— (Continued.) 

Cui'lilicatu  iif  (it'll' isit  assi^'necl  alter  suspcnsiiin  of  Imnk, valid 
set-off  in  favor  of  a)J?iijiiee  a^'ainst  debt  owing  by  him 
toforai.r 2,  p.    9C1,  §    535 

where  lioldtT  of  l>ill  sues  as  ai^.nt  or  for  benn  it  of  anotiier, 
setoff  availaljle  against  latter  is  ava  labie  against 
l«iin 4.  p.  278-1,  §  1G04 

attorney   may  dutluot  his   fees   from   client's  funds  in    his 

hands 1,  p.    331,  §    20O 

master  may  set-oil' jlainages  suffered  tlimugh   lervant's  neg. 

Icet 1,  p.    470,  §    2(>7 

party  sued  on  d  bt  may  set  off  usurious  ifitcrts ;  paid. .  .5,  p.  40S!},  §  '24U2 

set-off  by  garnishee  wlien  allowed 7,  p.  501  (J,  §  'Mi'Mi 

erpiitable  defenses  an  1  setoff  to  assigned  claims 7,  p.  i"4J(),  §  ;i442 

payment  by  seiti  -g  off  cross  items 5,  p.  4J04,  §  2512 

implie  I  power  of  attorney  to  agree  to  set-off 1,  p.  291,  §    173 

6.   Joinder  iif  Artioiis. 

what  causes  of  action  may  be  joined  in  complaint  under  the 

codes 7,  p.  5144,  §31G8 

codes    have  not   abolished  e<juity  rules   as  to  iiiultifirious- 

ness 7,  p.  5401  n,  §  3421 

if  plaintiff  avers  and  proves  riglit  to  e(iuit able  remedy,  and 
to  le^^^l  remedy  based  thereon,  he  is  entitled  to 
both 7,  p.  5401,  §3121 

plaintiff  may  sue  for  reformation  of  conveyance,  for  poi^ses 

sion  and  for  damages  for  withholding 7,  p.  5101,  §  3421 

vendor  in  action  to  recover  on  notei  given  for  price,  he  may 

unite  a  c  aim  to  foreclose  lien 7,  p.  5402,  §3421 

in  action  to  abate   nuisance,   plaintiff  may  unite  claim  for 

damages 7.  p.  5402,  §  3421 

for  a8si;;ument  of   dower,    possession  of  land  and   damages 

may  be  united 7,  p.  5402,  §  3421 

specific  performance  of  agreement  to  grant  lease  and  dam- 
ages for  breach  of  covenant  cannot  be  joined 7,  p.  5102,  §  3421 

aliter  in  some  states 7,  p.  5402,  §  3421 

reformation  of  policy  of  insurance  and  claim   for  damages 

maybe  united 7,  p.  5402,  §3421 

actions  arising  out  of  contract,  express  or  implied,  and  affect- 
ing all  parties,  may  be  joined 7,  p.  5144,  §  34C8 

only  those  causes  of  action  can  be  joined  which  are  con- 
sistent with  each  other 7,  p,  5145,  §  346S 

causes  of  action,  which  do  not  affect  same  parties,   cannot 

be  joined 7,  p.  5415,  §  3403 

but  not  necessary  that  all  patties  should  be  equally  af- 

i^cteA 7,  p.  5445,  §  3468 

causes  of  action  arising  out  of  tbe  same  transaction  may   be 

joined;  illudtratious  of 7,  p.  544G,  §  3471 


67; JO  PLEADING  iVND  mACTICE, 

Pleading  and  Practice  -(Continued.) 

action  for  falHuinipriHonniunt  uud  ono  for  malicious  prosecu- 
tion may  lie  joinud 3,  p.  1847,  §  1079 

suvoral  dintinut  bioacliua  of  bond  ni.ty  liu  Joinud  iu  onu  com- 
plaint  3,  p.  1597,  §    8S3 

when  nny  and  wliuu  may  not  lo^al  and  eiiuitahlu  causes  be 

joined 7,  p.  5U5,  §3470 

plaintill'asliing  eijuilablc  reiiof  may  recover  for  lej^al  reiii^f  if 

former  fail 7,  p.  .'>4"3,  S  34'2J 

if  averments  iniullicient,  recovery  cannot  be  had 7,  p.  5K)3,  §  lH'S.i 

allejjations  of  fact  ne  essary  under  oode  practice 7,  p.  54U3,  §  3424 

mode  of  trial  when  legal  and  eiiuitalile  issues  aritte  in  h  i me 

action 7,  p.  5104,  §  34i.'."> 

where  ditl'erent  causes  improperly  united,  exception  taken 
by  demurrer,  motion  to  strike  out,  or  to  compel  elec- 
tion   7,  p.  5445,  §  34(J1» 

provided  by  codes  that  dilTorent  causes  of  action  nmnt  be 

seiiaratcly  stateil 7,  p.  5445,  §  3409 

defect  may  be  reached  by  motion  to  mal;(;  more  detinite 

and  certain 7,  p.  5145,  §  SlO'.t 

7.  Johidri- of  DcJ'cnscii. 

defendant  may  join  in  his  answer  as  many  defenses  as  he 

may  have,  whether  legal  or  eipiital>le,  or  both. .  .7.  p.  HLTS,  §  31S'J 

whether  inconsistent  with  each  other  or  not 7,  p.  5458,  §  34S"J 

Bworn  answer  must  not  deny  in  one  paragraph  what  it  admits 

in  another 7,  p.  5t5S,  §  34S-_' 

denial  and  justilication  may  be  pleaded  together 7,  p.  5450,  §  34S'J 

defense  on  merits  and  another  suit  pending 7,  p.  5151),  §  34S2 

denial  and  the  statute  of  limitations 7,  p.  5159,  §  34b'i 

each  defense  must  be  separate  and  complete  in  itself. .  .7,  p.  54.")J»,  §  34.S'.2 

defenses  in  abatement  and  in  bar  may  be  joined 7,  p.  545!),  §  34S3 

inconsistent  defenses  miy  be  joined  in  same  answer. .  ..7,  p.  515'J,  §  34S4 
what  are  and  are  not  iucousisteut  defenses 7,  p.  54Ut),  §  3484 

8.  Parties. 

every  person  sufTering  damage  from  nuisance  is  entitled  to 

bring  action  for  it 6,  p-  4845,  §  2970 

where  injury  is  to  enjoyment  of    property,    tenant  may  ^ 

sue 6,  p.  4S45,  §  2976 

in  what  other  cases  may  landlord  sue 6,  p.  4S45,  §  2976 

who  nmst  be  party  plaintitT 7,  p.  5 IC5,  §  3426;  7,  p.  5407,  §  3427 

"real  party  in  interest". 7,  pp.  5410-5413,  §^  3429-3433;  7,  p.  5400,  §  3426 

all  persons  having  interest  must  be  joined 

7,  pp.  5410-5413   s§  3429  3433;  7,  p.  5400,  §  3420 
where  rights  and  liabilities  of  parties  -.re  several,  one  interest- 
ed can  alone  maintain  action V,  p.  5408,  §  3427 

with  regard  to  parties  plaintiff,  rules  formerly  obtaining  in 

courtsof  equity  only  now  applicable  under  codes.  .7,  p.  5408,  §  3427 


■ 


rLEAI»INO  AND  PRACTlCBi  C731 

Pleading  and  Pructice— (Conti'  ue<l.) 

assi.'iiee  iii.iy  »uc  iii  iiis  own  uaiiie.  .7.  p.  5110,  §  ?,IV;  7,  p.  flIlO,  §  .H'J'J 

nn.li.sclos.!.!  principal  or  agent  may  suo 7,  \>.  AMI,  ilU.'.O 

Lolilcr  of  lugi.tialjle  pajiei  may  nu'i , 7,  j,.  5(11,  §  !ii:tl 

collattTal  a;,'reement  does  not  allcM't  assi^'inncnt 7,  p.  5  H  'J.  g  :•  l.fj 

illiHtrations  of  as^^i^-nee  as  rual  party  in  interest 7,  p.  54i:J,  §  3133 

tliiril  party  for  whose  LciicHt  contract  iMiidu  may  briny  action 

""'* 7,  p.  oJU,  §3134 

citizen  or  taxjtayer  may  restrain  unlawful  acts  of  odicers. 7,  p.  511."),  §  3131 

usiynee  of  cliose  in  action  may  sue  in  lii.s  own  name 8,  p.  43 IS,  §  I'diiT 

or  may  sue  in  name  of  contra'  ting  party 6,  jj,  4;us,  §  -.'(iGy 

bailee  without  reward  may  sue  for  chattel 4,  p.  2<J34.  g  1711 

finder  miy  maintain  trover  against  Btrai.ger 4,  p.  21134,  §  171 1 

bailor  may  also  sue  for  chattel 4,  j,.  o!»3.">,  §  1 7 1 1 

cither  lender  or  borrower  may  sue  for  the  property 4,  p.  2!ll(;,  g  17i;4 

hirer  may  sue  for  chattel 4,  p.  '2<Ji,(i^  §  1746 

if  owner  has  bailed  it  for  specified  time  he  cann.it  durm-r 

that  tmie  m;iint;iin  trespass  for  it 4,  p.  *J9:m».  §  1716 

at  expiration  of  time  for  which  thing  has  be  ii  iniled,  owner 

•n^y  »"« 4,  p.  29SG,  §  1748 

80    if    bailee    violates   terms   of    Iiailnient   by    his    use    of 

c'"»ttel 4,  p.  .j^sC,  §  1746 

bailee  for  hire  may  bring  acticm  for  ])roperty 4,  p.  2:j72,  g  1733 

pledgee    may   sue   either   for   restitution   of    thing    or    for 

*l*"'»«f8 4,  p.  300S,  §  17G0 

pledgor  of  chattel  cannot  maintain  action  for  its  reco\ uiy 

from  pledgee  before  payment  of  debt 4,  p.  300S,  §  17G0 

right  of  consignor  and  cjnsigi'ee  respectively  to  sue  for  in- 
jury to  goods  in  hands  of  carrier 4,  p.  3150,  §  1838 

carrier  has  right  of  action  for  injury  to  goods  while   in   his 

possession 4,  p.  314!)^  §  i;^m 

stockholder  cannot  sue  for  injuries  to  corporati(m 1,  p.    807,  §    485 

alUtr  when   ofEcers  wrongfully  refuse   to    bring  suit   in 

name  of  corporation l,  p.    810,  §    486 

possession  of  an  unindorsed  note  payable  to  a  particular 
person  by  another  than  the  payee  presumptive  evi- 
dence of  ow  uership 4,  p.  o;23,  §  ijci 

suit  against  directors  for  negligent  management  of  bank 
may  be  in  name  of  bank  or  receiver  or  stockholder  or 
<i'^l"^*itor 2,  p.    S07,  §    521 

attorney  taking  case  on  contingent  fee  not  necessary  party 

I''»'"^'ff- 1,  p.    345,  §    206 

agent  may  sue  in  his  own  name  for   money  paid  by  mis- 

*^^^ 1,  p.    203,  §    124 

auctioneer    may    sue    for    property    or    price  in  his  own 

"*•»«•••••••: 1.  p.    361,  §    215 

factor  may  sue  in  Lis  own  name 1   p.    40]    j    n-iy 


G732  FLEADINO  AND  PllACTIOa. 

Fleadine:  and  PrRctice-(rnntiinioH.) 

foreign  tovfi'fi'jii  limy  sue  in  I'dintii  of  tliin  onnntry. . .  .7,  p.  6019,  §  3934 
owiior  of  iliiiniiiiiiit  teiu'iiu'iit   iiiiiy  tiut)  for  injury  to  eaKe- 

ineiit 0,  p.  4r.nr),  §  27S3 

*h«"re  ilomionnt  loiu'MU'nt  in  Ii'nM«'(),  ri'veikioiii>r  ini<j  iiue.6.  p.  4.">!<">,  §  '^783 

riglit  (if  inoitj,'a;4(!or  to  biing  •jiitiiicnt 0,  p.  A\i'2'.\,  §  .'lO.'i-l 

right  of  nioitgngee  to  liring  ejeoiinoiit G,  p.  41121,  S  3().'J5 

niortj,'a;;cor  iiiny  sue  tliiril  jtcrMoii  for  inj'iry  t<>  popcrty  .0,  p.  5011,  §  UOS-t 
either  iiiort>,'n£>cor  or  iiiort^'n^^ee  nitty  iiiuiiitniii  an  aulloii  for 

injury  to  mortungcil  ihattuls 0,  p.  5011,  §  30S4 

party  in  pohsc!i»ion  of  jiioperty  uiny  hrin^  trcMpiiBs;  >vlio  has 

or  lias  not  "poBhe^sion" 7,  p.  oU.'iC,  §  3G57 

0.  Joinder  vj  I'aitiex — In  Gewivl. 

dtfect  of  parties  on  (;rouii(l  of  demnrrer 7,  p.  6121,  §  3413 

"  defuct  of  parties"   mcaiit  a  want  of   parties,  not   sii)  ?r- 

fluity 7,  p.  5 121,  §  3443 

demurrer  lan  be  ]>lcailcil  only  on  the  ground  of  non  joinder, 
not  niisjoiiukr,  of  partits,  either  jihiintill'ur  deffiid- 

ant 7,  p.  5121,  §3143 

that  aueh  defect  may  be  taken  advantage  of  by  deniuricr,  it 

must  appear  on  the  face  of  the  eoni|iiaint 7,  p.  5421,  S  3443 

defect  a]>|iRreut  on  face  of  complaint,  cannot  be  set  up  by 

answer 7,  p.  5121,  §  34 13 

mode  of  taking  objection   prescribed   by  statute   must  be 
strictly  followed,  whether  defect  is  iu  want  of  parties 

ptxiiitifr  or  defendant 7,  p.  5421,  §3443 

if  plaintiff  proves  case  against  any  one  or  more  of  defendants 
lie  may  have  judgment  against  such,  and  dismiss  or  be 

nonsuited  as  tu  others 7,  p.  5421,  §  3443 

question  of  want  of  parties  not  raised  by  demurrer  on  ground 

that  complaint  does  not  state  cause  of  action. . .  .7,  p.  6122,  §  3143 
stockholders' bill;  who  may  or  must  be  complainants. ..  1.  p.    81U,  §    46S 
all  partners  or  their   representatives  indispensable   parties 
to    bill    for     dissolution   of    copartnership   and   ac- 
count   2,  p.  124(5,  S    672 

necessary  parties  to  bill  to  foreclose  mortgage 6,  p.  497G,  §  30G3 

nee  ss!iry  parties  to  actions  of  ejectment 6,  p.  40118,  §  2883 

are  necessary  parties  in  proceediugs  for  partition 6,  p.  4461,  §  2736 

10.  joinder  of  PartitH  Phintijf. 

joint  sufferers  from  joint  tort  must  join  in  acti-n 7,  p.  6415,  §  343) 

where  injury  several,  though  committed  on  more  than  one, 

each  must  sue  separately 7,  p.  5415,  §  3435 

in  actions  concerning  trutit  property  both  trustee  and  rcsfui 

must  be  joined   7,  p.  5122,  §  3141 

in  equitable  actions  generally 7,  p.  5 122,  §  34 14 

in  actions  for  partition 7,  p.  5 122,  §  3 111 

inaction  for  forclusure  or  redemption  of  mortgage 7,  p.  5423,  §  3445 


PLEADING  AND  PHACTIOE. 


CiC3 


Fl««ifng  and  Pr*otice-(rontiiined  ) 

in  Huit  for  «con,i„tmir ^   p  5,^,  j  «, ,^ 

ncfN^nry  c..iii|.l.,i„aiitn  in  dt-oUliol.Ier's  l)ill 1.  p,    8|,j*  j    4^;, 

nccMi.tiy  imrtiBs  plaint  H"  in  notiim  <if  ..jc,.f.„..nt 7.'  p.  5-,u[  |  :;7io 

tcn,4iilii  III  co'iiiii,)!!  iniiit  BHVMr  in  real  a.tiuMs;  \,\\t  in  arti.m 

for  injury  to  otate  tlit-y  must  j..in 6.  p.  41M,  f  27 -Jj 

tcnnnti  in  cuniinnn  ..f  ptTH.Muilty  nniu  j<.in  in  aoti.m.. .  .6,  p.  4n.{  j  •.':!> 

wlisn  tenants  in  coinnioii  nee.l  nut  join 6,  p.  4»|.»   f  '^IS't 

tenants  in  ominon  may  join  in  action  for  nuisance  alFecfing 

*'"'•■  *'^*""' 6.  p.  4SiC,,  i  2070 

persons  hHvni>;  dintinot  interests  air.'cte,n,y  the  same  n.iis 

arice  must  brin;;  separate  .ictions   fl^  p.  4^q  |  ^-q 

joinder  of  s.vural  p  rsons  in  a  l.ill  to  n'.strain  nuisance  p'er- 
niissil)le   when   such    nuisance  ia  cmimou  injury   to 

tlieir  several  lencmcnta q    p.  48|(j   5  237G 

\\.  Jnind-r  of  P,trtii-s  Drfi.iulant. 

ne.jeHyary  an  I  proper  parties  dofen.lant 7,  p.  J^IOS,  i  312S 

any  person  m.«y  l.e  ma.le  defendant  wlio   lias  or   clainn  in- 
terest in  controversy  adverse  to   plaintilF        who  xa 

neiesKary  p.irty  to  complete  determination 7,  ...  /^i&i,  ^ZXI'i 

In  s  )MH  Stat.  8  this  provision  limited  to  eiiuitahlrt  acti.,'; 


only. 


.  .      .•••• 7,  p.  MOS,  I  312S 

when  question  involved  one  of  common  or  general  interest 
and  parties  are  numerous,  one  may  sue  or  <lefend  for 

_,.    *''«  ^  '"•'« 7.  p.  5403.  §  3428;  7.  p.  .-,1.7),  5  .^i„^ 

parties  w  hen  two  or  more  are  bound  by  contract 7,  p.  .>4f/j,  f  :;  \Zi 

parties  when  any  of  several  hound  are  dead 7J  p.  ^f^^  j  .^^ 

persons  severally  bound  on   negotiable  instruments  may'b^ 

all  sued  at  option  of  plaintilT 7^  p_  ^^frf  §  ,'»J2S 

C"nrt  h«  power  to  add  parties 7'  p  ^^^t   .  ^j^^ 

person  not  joii,ed  may  apply  to  be  made  party 7,  p.  5132,  $  .'il-,9 

defendants  in  suits  to  set  aside  deed  of  trust 7]  p!  542.7!  |  3117 

defendants  in  actions  for  specific  p  rformance 7]  p.  542.">!  f  .3  US 

defendants  inactions  to  quiet  title ,.7'  p.  5420!  |3||'» 

defendants  in  actions  ex  dcllr.to 7*  p!  Si''!)'  <  Sl'^i 

necessary  parties  defemlaut  in  action  of  ejectment 7,'  p.  S-^u'  §  371 1 

necessiry  parties  defendant  to  stockholders'  bill 1,  p.    817^  $    4S9 

who  necessary  defendants   when  liabdity   joint   and   sev- 

eral....  7,  p.  512^.  |  ."ni 

■who  necessary  defendant  when  liability  several  only. .  .7,  p.  5120,  |  31.75 
if  too  many  defendants,  or  if  sued  jointly  when  only  sever- 
ally lia'Ie  on  the  face  of  pleadin^^  a  demurrer  lies,  or 

a  motion  in  arrest,  or  a  writ  of  error 7,  p.  5127,  S  31.^3 

if  defect  not  apparent  and  plaintilf  fail  to  prove  joint  liabil- 
ity, he  wdl  be  mm  suited 7^  p_  5127   *  Z'o'i 

where  defect  non-joinder  in   contract,  plea  in   abatement 

proper  reme,ly 7.  p.  6127.  §  C 133 

Lawsoi  R  &  U.-4ii0. 


■ 


6734 


rLEAMNQ  AXD  PBACTICE. 


3451 

?A30 

3153 

521 

599 

599 

3553 

404 
3.-)(!3 
.-1538 
3G31 


Pleading  and  Practice  -(Continued.) 

in  action  «x  coH^nic':'-,  where  lia'iility  joint,  all  the  debtors 

must  be  joino  1 7,  p.  5tJ7,  §  3450;  7,  p.  5 127,  § 

liability  of  tort-feasors  being  joint  and  several,  one  or  all 

may  be  sued 7,  p.  5427,  § 

alitcr  whi3Tt  from  nature  of  tcivt  "t  cannot  be  joint,  as  in 

slander 7,  p.  5 127,  § 

rule  in  case  of  invaliility  of  joint  contract  as  to  one  partj'.7,  p.  5428,  § 

rule  in  case  of  death  of  one  or  more  joint  obligors 7,  p.  5428,  § 

depositors  cannot  maintain  a  suit  in  efjuity  a;;ainst  mana'.'ers 

of  bank  without  joining  the  bank  itself 2,  p.    899,  § 

action  on  promissory  note,  signed  by  directors  as   such,  of 

voluntiiry  association,  should  be  brought  against  all 

the  members S,  p.  1073,  § 

cue  whose  name  was  signed  to  articles  of  associ<ation  withcmt 

authority  may  be  omitted  as  defendant 2,  p.  1073,  § 

12.  Amendments. 

in  what  cases  may  writs  be  amended 7,  p.  5528,  § 

mistake  iu  name  of  corporation  may  be  corrected  by  amend- 
ment of  writ 1,  p.    677,  § 

ollicer's  return  may  be  amended,  when 7,  p.  5540,  § 

defective  affidavit  may  be  amended 7,  p.  5513,  § 

garnishee's  answer  may  be  amended 7,  p.  5GI1,  § 

court  competent  to  amend  7iunc  pro  tunc  record  of  naturali- 
zation   7,  p.  6052,  §  3S36 

attorney  cannot  be  enrolled 1,  p.    207,  §    127 

13.  Aj>i)eura7ice. 

voluntary  appearance  of  foreign  corporations  confers  juris- 
diction  1,  p.    621,  §    351 

attorney  liable  for  costs  where  he  appears  without  author- 
ity   1,  p.  264n,  §    158 

right  to  appearance  fee  depends  upon  contract,  either  ex- 
press or  implied 1,  p.    329,  §    199 

authority  of  attorney  to  appear  presumed 1,  p.    263,  §    I." 

court  may  order  authority  to  be  produced 1,  p.    264,  §    158 

infant  must  defend  suit  by  guanlian  ful  litfm 2,  p.  1527,  §    840 

if  he  appear  by  attorney,  no  objection  can  be  taken  after 

verdict 2,  p.  1523,  §    840 

where  several  defendants  appear,  by  own  attorney,  attorney 

of  one  cannot  give  or  accept  noti  es  for  others ...  1,  p.    266,  §    159 

appearance  for  the  defendants  generally,  prima  facie  an  ap- 
pearance for  all 1,  p.    266,  §    159 

entry  of  an  appearance  by  an  attorney  for  defendant  in  ac- 
tion against  a  partnership  construed  as  an  appearance 
for  them  as  partners  1,  p.    266,  §    159 

one  co-defendant  may  employ  attorney  for  other  co-defend- 
ants, and  his  appearance  \«iil  bind  alL 1,  p.    2G6,  §    159 


PLEADING  AND  rRACTICE.  G735 

Pleading  and  Practice— (Continued.) 

14.  Furiua  of  Action.    See  also  Sec.  2. 

person  may  waive  contract  and  sue  in  tort 3,  p.  173S.  §  1026 

p'-rson  may  wave  tort  and  sue  on  contract 3,  p.  i  y;};)^  §  1027 

debt  and  covenant  lie  for  rent  due  on  lease 6,'  p.  4r>!(G'  g  2Sn 

rent  recoverable  in  erjuity  when '....G,^.  459(>i  §  2817 

m  what  cases  action  for  use  and  occupation  will  and  will  not 

..      ^'^■. •■::•'• 6,  p.  4596,  §2818 

action  against  innkeeper  to  recover  the  value  of  persomd 
property  l.-ft  in  his  chr.rge  by  guest,  and  subsequently 
stolen,  is  founded,  not  on  tort,  but  on  contract.  .4,  p.  3t'GG,  §  1784 
action  for  nuisance   lies   for  erection   projecting  on  one's 

,    ^    .  '*'"^ 5,  p.  .?S  IR,  §  2290 

but  ejectment  will  not  lie,  nor  tiespass 5,  p.  3547,  §  2290 

that  submission  was   un.ler  seal  not   necessary   tliat   action 

on  award  should  be  covenant 6,  p.  5372  §  3393 

15.   Varinpce.  '  ' 

no  variance  material  under  codes  unless  it  prejudice  the  op- 

I^-'*«P^'"ty 7.  p.  5440,  §  34(15 

court  may  enter  amendment  on  terms 7,  p.  5440^  §  3455 

not  necessary  that  plaintiff  should  prove  his  cause  of  action 

literally;  suflScient  if  he  does  so  substantially. .  ..7,  p.  5.UI,  §  3465 
questions  of  variance  are  determined  by  proof  a/imide  as  to 

whether    party    was    actually    mi.sled    to    his  prej- 

,'"^T"ri 7,  p.  5441,  §  34C5 

matenahty  of  the  variance  may  be  apparent  upon  face  of 

pleadings  themselves 7^  p,  54^,^  g  ^^^. 

objection  on  ground  of  variance  is  too  late  in  the  appellate 

.*''""■'••• :V 7,  p.  5441,  §  34C5 

variance  not  material,  unless  it  has  misled  adverse  party 

to  his  prejudice 7,  p.  544],  §  3405 

immaterial  variance  must  be  disregarded,   and  pleadings 

may  be  amended  to  conform  to  j^roofs 7   p   5441    §34(55 

in  what  cases  fatal  variance  arises 7,'       5441,' §  34G6 

16.    Venue. 

allegation  of  venne  neces.sary  to  jurisdiction 7,  p.  5040,  §  3649 

trover  is  transit<jry  action,  and  lies  for  conversion  of  property 

in  foreign  jurisdiction 7    „    rf.,.,    ^  irn-j 

4.„^  .    •  ,         ,  «.  p.  o()u4,  s  006J 

tort  being  personal,   redress  may  be  souglit  wherever  the 

wrong-doer  found 7,  p.  5861,  §  3732 

action  for  trespass  to  lauds  in  foreign  country  cannot  be  sus- 

,*"'°"^ 7.  p.  58C2.  §  3732 

remedy  under  statutes  giving  action  for  injury  causing 
death  locEi,  and  action  can  only  be  brought  in  state 
who.se  statutes  give  it  and  where  killing  and  death 

took  place..... 7,  p.  5863.  §  37.33 

action  for  partition  la  a  local  action e,  p.  4450  §  •'7'iS 


6736 


PLEADING  AND  PRACTICE. 


Pleading  and  Practice— (Continued.) 

caused  ut  action  arising  under  statutes  of  one  state  may 

be  enforced  in  another  state,  when 7,  p.  53G4,  §  3733 

action  of  slander  transitory;  may  be  brought  in  one  state 

fur  words  spoken  in  another 3,  p.  2177,  §  1223 

in  proceedings  to  disbar  attorney,  defendant  entitled  to 
change  of  venue  or  to  a  trial  liefore  jiulge  jtro  tfin.,  if 
it  ajipears  that  judge  then  sitting  is  prejudiced.  .  1,  p.    224,  S    134 

open  charges  preferred  by  private  prosecutor  to  disbar  attor- 
ney, change  of  venue  on  account  of  prejudice  of  judge 
nay  be  granted  upon  same  conditions  as  in  ordinary 
civil  actions 1,  p.    224,  §    134- 

by-law  requiring   members   to   bring  suit   only    in   certain 

county  invalid 1,  p.    8CG,  §    4S4 

national  bank  may  sue  and  be  sued  in  state  courts  of  domi- 
cile  2,  p.    888,  §    517 

actions  may  be  m.aintained  in  state  court  against  national 

bank  in  county  other  than  where  established 2,  p.    888,  §    517 

17.  Writ!. 

writ  or  summons  explained 7,  p-  538i),  §  3405 

writ  of  ca/tian  explained 7,  p.  5:<So,  §  34(»5 

original  w  rit  explained 7,  p.  538-'i,  §  3405 

service  of  process  on  fureigu  corporations 1.  p.    620,  §    3.)1 

infant  cannot  waive  defects  in  service  of  process 2,  p.  l.")2S,  §    840 

infant  is  not  bound  by  his  accejitance  of  service 2,  p.  152S  n,  §    840 

nbpoenas,  how  issued 4,  p.  2874,  §  l(j73 

bringing  writ  of  entry,  a  ratification  of  previous  voidable 

entry 1,  p.      47,  §      41 

on  diversion  by  railroad  of  land  from  public  purposes;  writ 

of  entry  will  lie  by  original  owners 2,  p.    995,  §    556 

mortgagee    may    maintain    writ    of    entry    against   mort- 

gageor 6,  p.  4925,  §  303<> 

or  against  persons  claiming  under  mortgageor  >\  ho  have  en- 
tered  6,  p.  4925,  §  3036 

writ  of  assistance  to  enforce  delivery  of  possession  to  jtur- 

chaser  at  sale  under  foreclosure 6,  p.  4082.  §  3071 

implied  power  of  attorney  to  issue  process .1,  p.    2i)0,  §    J  73 

attorney  liable  for  issuing  illegal  fliu-i/arian 1,  p.    25li,  §    154 

18.  Mixcel/aneous. 

practice  on  proceedings  to  remove  olHcers  of  corpora- 
tions  1,  p.    712,  §    421 

procedure  in  summary  ac  ion  against  tenants  to  obtain  pos- 
session of  premises 6,  p.  4705,  §  2S8S 

procedure  in  application  to  remove  trustee 4,  p  3474,  §  2034 

plea4lingand  proof  in  actions  for  infringement  of  patent. 4,  p.  2878,  ^  lljJ>2 
when  party  dies  after  verdict,  attorney  can  neither  give  nor 

receive  notice  of  motion  for  new  trial  or  of  appeal.  1,  p.    277i  S    1G7 


PLEADING  AND  PKACTICE.  6737 

Pleading  and  Practice— (Continued.) 

motion  for  a  rule  on  plaintiff  to  file  warrant  of  attorney 

must  be  maile  before  plea 1,  p.    2G5,  §    158 

imi)lieil  p.oH  er  of  attorney  to  agree  to  a  continuance. ...  1,  p.    2S.">,  §    171 
party  (in  attorney's  absence)  bas  no  power  to  agree  to  con- 

t'"ua"<^^e 1,  p.    279,  §    169 

19.   Pleading  ami  Practke  in  Particular  ActiuhS.     (a.)  Ai.stauji'ot. 

pleading  in  actions  of  assumpsit 7,  p.  57  ")7,  §  3fi95 

evidence  in  actions  of  assumpsit 7,  p.  57U3,  §  3096 

aciion  may  be  maintained  by  person  from  wbom  considera- 
tion for  promise  moved,   or  for  whose  benefit  it  was 

made 7,  p.  5750,  §  3693 

when  promise  made  to  one  for  benefit  of  another,  either  may 

sue 7,  p.  5750,  §  3G93 

(b.)  Civil  Daiiiatjc  Lawii. 

intoxicated  per.-on  not  necessary  party  defendant 3,  p.  1954,  §  1132 

wife  suing  for  injuries  to  her  person  or  means  of  support 

need  not  join  husband  as  plaintiff 3,  p.  1954,  §  1132 

children  injured  by  sales  to  their  fatiier  cannot  join  in  action 
under  civil  damage  laws,   but   must   bring   separate 

actions 3,  p.  1954,  §  1132 

petition  alleging  that  intoxication  was  caused  in  whole  by 
defendant;    recovery  may  be  had  if  he  c  ntributed 

thereto 3,  p.  iflfig,  §  1141 

con-plaint  must  distinctly  aver  the  cause  of  the  injury.  .3,  p.  1969,  §  1141 
complaint  need  not  aver   the   kind  of   intoxicating  li(juor 

sold 3,  p.  1969,  j)  1 141 

nor  that  liquor  was  sold  on  his  premises 3,  p.  19U9,  g  1141 

nor  that  husband  was  intoxicated,  or  ir.  the  habit  of  be- 
coming so 3,  p.  1969,  §  1141 

but  must  show  that  liquor  was  given  by  defendant. 3,  p.  1969,  §  1141 

case  as  the  proper  form  of  action 3,  p.  1970,  §  1141 

(c.)  Coii.--pirnc>/. 

want  of  probable  cause  as  well  as  malice  need  not  be  charged 

in  declarration 3,  p.  1798,  §  1050 

whatever  done  in  pursuance  of  con.-fjiiracy  may  be  averred 

the  act  of  all,  though  done  individually 3,  p.  1798,  §  1050 

means  by  which  the  injury  was  intended  to  be  effected 

must  be  stated  in  complaint 3,  p.  1793,  §  1050 

complaint  need  only  state  fact  of  combination,  object,  anu 

accomplishment  thereof  to  injury  of  plaint  ff. . .  .3,  p.  1798,  §  1050 
facts  and  circumstances  relied  on  to  establi.sh  complicity 

need  not  be  set  forth  in  detail 3,  p.  1798,  §  1050 

special  damage  need  not  be  alleged 3,  p.  179s,  §  1050 

(d.)  Difibarmeiit  Proceedings. 

rule  to  show  cause  on  presentation  of  charges  supported  by 

affidavit 1,  p.    222,  §    134 


G73S 


PLEADING  AND  PRACTICE. 


Pleading  and  Practice— (Continued.) 

want  of  attiilavic  does  not  render  proceedings  void. .  ..1,  p.    223,  §    134 
notice  to  party  requisite  to,  except  where  ac't  took  place  in 

presence  of  court 1,  p.    223,  §    134 

if  oflfense  was  committed  in  the  jiresence  or  within  per- 
sonal knowled^'e  of  the  court,  judge  may  proceed  ou 

own  motion 1,  p.    222,  §    134 

state  need  not  commence  the  prosecution;  duty  of  bar  or 

court  to  do  so 1,  p.    222,  §    134 

prosecution  need  not  be  in  name  of  state li  p.    224,  §    llH 

charges  must  be  definite  and  certain 1,  p.    224,  §    1.S4 

proceedings  of  a  summary  character 1,  p.  22;{  n,  §    134 

pleadings  not  controlled  by  common-law  rules 1,  p.  223  ii,  §    134 

replication  to  the  answer  is  unnecessary 1,  p.  22.3  n,  §    134 

after  filing  of  answer,  upon  counter-motions  to  make  rule 
absolute   and  to  discharge  it,  testimony   admissible 

without  further  pleading 1,  p.  233  n,  §  1.34 

evidence  to  sustain  charge  should  be  free  from  doubt. 1,  p.    224,  §    134 
(e.)  E.nciiturs  and  Adiiihiif/r  ifiivii. 

petition  for   letters  of   administration  must   allege  de.ath  of 
decedent,  and  that  he  was  at  time  of  his  death  a  resi- 
dent of  county  in  which  letters  are  api)lied  for..  .2,  p.  1634,  §    967 
in  petition  for   an   order  of  sale,    accurate   description   of 

realty  of  decedent  not  required 2,  p.  1GS4,  §    9G7 

same  rules  of  pleading  govern    actions  by  foreign  as  by 

domestic  administrators 2,  p.  16S5,  §    937 

executor  must  declare  in  representative  ca])acity  on  c;ui.se 

of  action  which  accrued  in  lifetime  of  testator. .  .2,  p.  16Sj,  §    967 
sue  in  his  own   name  and  right,  on  contract  made  with 

him 2,  p.  IGSj,  §   967 

where  action  is  brought  by  executor  or  administrator  as  such, 
there  should  be  an  averment  of  cliaracter  in  which 
he  sues,  and  coin;daint  or  bill  must  show  fact. .  .2,  p.  16S3,  §  967 
where  suit  is  on  note  for  purchase-money  for  property  sold 
belonging  to  estate,  executor  need  not  aver  his  repre- 
sentative c  ipacity 2,  p.  1685,  §    967 

action  by  a.lniiuistr.itor  de  bonis  non  must  allege  deficiency 

of  assets 2,  p.  1636,  §    967 

counts  may  be  joined  of  promises  to  himself  and  promises 

to  testat  )r  when  money  rf'overed  would  be  assets.  2,  p.  1686,  §    967 
cause  of  action   accruing  after  cannot  be   joined  with  one 

accruing  before  te-itator's  death 2,  p.  1686,  §    967 

executor  may  not  aver  illegal  acts  of  his  own  in  action  of 

creditors  against  him 2,  p.  1686,  §    967 

where  he  sued  for  decedent's   debt,  he  must  plead  so  as  to 

protect  all  creditors 2,  p.  168'>,  §    967 

not  bound  to  plead  limitation  act  in  all  caHcs 2,  p.  1686,  §    967 


PLEADING  AND  PRACTICE.  673U 

Pleading  and  Practice-  (Continued. ) 

defeadants  desoril)e(l  as  administrators,  cannot  be  con- 
sidered such  surplusage  as  to  warrant  recovery  a^'uinst 

one  alone 2,  p.  IGSo,  §    9G7 

(f.)  False  Arrest  and  Iniprisonmrnf. 

form  of  action  is  trespass,  not  case .3,  p.  1SJ6,  §  lOT'J 

complaint   need   not   allege   m:ilioe   an  1    want   of   prdiril.le 

cause 3,  ,,.  1S47,  §  1070 

particular  instrumentality  by  which  plaintitl' was  .leprivel  <>£ 

liberty,  should  not  bo  set  out  in  comdiint 3,  p.  1S47,  §  107!» 

complaint  need  not  aver  that  facts  c  -niplained  of  were  d.me 
illegally  or  wrongfully,  or  witliout  competent  autiior- 
ity 3.  p.  1S47,  §1079 

plea  justifying  arrest  without  warrant  on  suspicion  of  h\  .nj- 

should  set  forth  grounds  of  suspicion 3,  p.  1S47,  §  1079 

answer  must  identify  arrest  justitied  with  arrest  i-oniplalned 

of 3,  p.  1S47,  §  1079 

answer  sulficiently  identifies  imprisonment  justified  if  stated 
to  be  same  imprisonment  complained  of  by  plaint- 
iff  3.  p.  lSi7.  §  1079 

action  for  false  imprisuninent  and  one  for  malicious  prosecu- 
tion may  be  joined 3.  p.  1S47,  §  1079 

(g.)  Injunction.     See  also  I.v.irN'cTioN'.s. 

complaint  or  petition  mint  set  forth  with  circumstance  and 

detail  grounds  on  which  th  >  injunction  is  asked.  .7.  p.  57S4.  §  3704 

must  be  veritied  absolutely,  and  not  on  iuforiaation  and  be- 
lief   7.  p.  57S4,  §  3704 

if  not  vtrirjed,  facts  stated  in  comi)laint  or  petition  must  be 

embodied  in  afTulavits 7,  p.  57S4,  §  3704 

verification  by  corporation  must  be  by  some  otBcer  convers- 
ant with  facts 7,  p.  57S4,  §  3704 

verification  must  be  so  worded  tliat  perjury  will  lie  on  it  if 

untrue 7,  p.  57^4.  §  3704 

when  verification  of  bill  not  retpiireil 7.  p.  .">7S.'>.  g  .S7(l4 

documents  should  be  prujiorly  exhilpited  in  bill 7.  p.  ri7S."».  §  3704 

prayer  for  general  relief  not  sutficieut 7,  ]•.  .">7Sr).  g  3704 

motion  for  injunction  may  be  made  at  any  time  before  final 

decree 7.  p.  r)7S.'),  §  3704 

on  motion  for   interlocutory  injunction,  plaintilF   may  read 

afTidavits 7.  p.  57S.">,  §  3704 

and  defen  iant  may  read  affidavits  in  opposition 7,  p.  57S."i,  §  37i'4 

defendant  not  entitled  to  notice  of  application 7,  p.  ■'•78."),  §  3704 

writ    must    sufficiently    describe    parties    and    acts    en- 
joined  7,  p.  r»SSG.  §  3704 

must  not  exceed  the  relief  prayed  for  in  bill 7,  p.  57 S6,  §  3704 

preliminary  injunction  may  be  granteil  at  any  time,  whether 

in  term  or  vacation,  and  independently  of  statute. 7,  p.  'uSG,  §  4370 


C710 


l'LE.\X»L\G  AND  PRACTICE. 


Pleading  and  Practice— (Continued.) 

evun  ou  Siiiidiiy,  wliere  neueasiiry  for  the  prevention  of  irre- 

pariiUle  injury 7,  p.  57S6,  §  3704 

whore  niuUi>:i  has  bet'ii  dcnieil,  it  ni;iy  be  n-peattd  any  niim- 

her  of  times  up  t<>  tin  il  liearing 7,  p.  57SG,  §  3704 

bill  reported  by  ni:istt;r  as  soandabiua  will  not  8Ui)p(ii  t  motion 

fur  injimction  until  amended 7,  p.  57S(!,  §  3704 

where  important  question  to  be  di:?posed  of  at  bearing',  in- 

juncti.)n  will,  on  motion,  be  continued  uiitd  then. 7,  p.  ">7Sr),  §  3704 
a  bill  may  be  ameudfd  even  after  motion  to  dissolve. .  .7,  p.  oTS'i,  §  3704 

power  of  amendment  exercised  in  what  cases 7.  p.  57SI),  g  3704 

at  what  time  may  motion  to  dissolve  be  made 7,  p.  5787,  §  3704 

nee  I  not  be  mule  to  same  juilge  who  allowed  writ 7,  p.  .'')7S7,  §  3704 

should  not  be  m.ade  witiiout  notice 7,  p.  o7S7,  §  3704 

answer  or  alBdavits  tiled  after  motion  to  dissidve  cannut  be 

read 7,  p.  5787,  §  3704 

motion  to  dissolve  must  bo  based  ou  answer;  vx  parte  aliiila- 

vits  cannot  be  substituted 7.  p.  57.SS,  §  3704 

how  far  may  new  matter  l)e  consideiod 7,  p.  r)7SS,  §  3704 

de.ith  dues  not  dissolve  injunction 7,  p.  578S,  §  3704 

motion  .-should  be  made  call  iig  upon  lersona!  representative 

to  show  cause  why  the  suit  should  not  be  revivt-il  or 

injunction  dissolved 7,  p.  57SS  j  3704 

similar  practice  obtains  in  case  of  death  of  difuiidant  .  .7,  p.  5788,  §  3704 

motion  to  dissolve  will  not  be  continued 7,  p.  5788,  §  3704 

injunction  will  bo  dissolved  if   sworu  answer  denies  pusi- 

tivily  equities  of  bill 7,  p.  5788,  §3704 

objection  on  the  ground  of  multifaiiousiiess  ijreniature  on 

motion  to  dissolve 7,  p.  5788,  §  3704 

misjoinder  of  parties  may  be  taken  advantage  of  on  suuh 

motion 7,  p.  5788,  §  3704 

a  defective  verification  cannot  be  animded  on  motion  to  dis- 
solve  7,  p.  5788,  §  3704 

a  strangiT  to  the  suit  may  applj'  to  have  injunction  modilied 

so  as  not  to  interfere  with  his  rights 7,  i>.  5789,  §  3704 

(h. )  Malpractice. 

action  wiil  lie  by  patient  injured,  even   though   he   did   not 

employ  physician  himself 7,  p.  01 07,  §  30]  I 

will  lie  by  husband  against  .surgeon  for  unskillful  operation 

upon  wife,  though  she  dies  in  conse([Ucnce 7,  p.  01 07,  §  30  :  i 

may  recover  also  for  negl  gent  treatment  of  the  wife. .  .7,  p.  0107,  §  ^i^Al 
if  the  suit  brought  for  personal  injuries  and  sulFeriug  of  w  ife 

husband  must  join 7,  p.  0107,  §3011 

if  suit  is  for  loss  ^f  services,  wife  not  projer  party. . .  .7,  p.  Gl(i7,  §  3011 
(i.)  Ne<jlige.nc6. 

pleadings  must  be  certain,    and   evidence  must  agree  with 

pleadings 3,  p.  2158,  §  1216 


■  ■ 


PLEADING  AND  PRACTICE.  6741 

Pleading  and  Practice— (Continued.) 

pluiutitr  may  not  state  <ine  act  of  negligence  in  declaration, 

and  recover  on  proof  of  anotlit-r  act 3,  p.  2153,  §  1216 

declaration  not  suiipr'rted   by   proof   of  ne;,'ligent  acts   not 

specifically  set  out 3,  p.  2153,  §  1216 

ia  sufficient  to  alieye  that   duty    existed    upon   part  of   tlie 

defendant,  and  tint  he  violated  sucli  dut> 3,  j).  215S,  §  1216 

but  facts  must  be  stated  showing  legal  liability 3,  p.  21  "iS,  §  1216 

■pecial  damage  must  be  stated  with  great  particularity. 3.  p.  2i5S,  §  1216 
is  not  necessary  in  action  for  personal  injuries,  th.it  injuries 

should  be  particularly  described  in  declaration.  .3,  p.  215S,  §  121G 
special  averment  of  prospective  damages  unneces  ary.  .3,  p.  2lbd,  §  1216 
•where  both  actual  and  exemi>lary  damages   sou-ht.    allega- 
tions should    be   in  two  distinct  counts  on   dillen-nt 

causes  of  action 3,  p.  2150,  §  1216 

general  statutes  must  be  pleaded  ia  general  terms,  while 

special  acts  should  be  stated  by  title  and  date.  .   3,  p.  2159,  §  1216 
where  statute  prescribes  signals,    plaintilF  need  not   allege 

that  signals  were  not  given 3,  p   2159,  §  1216 

negligence  on  part  of  defendant  must  be  charged  in  peti- 
tion  3.  p.  2159,  §  1216 

not  necessary  that  it  should  be  averred  in  terms,  if  f.ict-^  are 

stated  as  will  raise  presumption  of  negligence 3,  p.  2159,  §  1216 

not  necessary  to  set  out  the  facts  constituting  negligence 
complained  of;  a  legation  specifying  act  constituting 
the  injury,  and  alleging  that  it  was   negligently  :uid 

carelessly  done,  sulhcient 3,  p.  2159,  §  1216 

act  the  negligent  doing' of  which  caused  the  injury  must  be 

stated 3^  p.  o|5;,_  ^  jojn; 

bare  allegation  that  the  party  was  negligent  too  general. 3,  p.  21.V.I,  g  I2IG 

full  particulars  of  accident  need  not  lie  set  out 3,  p.  216J,  §  1216 

double  damages  need  not  be  claime  1  in  petition 3,  p.  21(j0,  §  121U 

facts  not  conclusive  of  law  need  not  be  stated 3,  p.  21(i0,  §  1216 

matters  pertaining  to  remedy  must  be  pleaded 3,  p.  2160,  §  1216 

complaint  need  nut  negative  contributory  negligi  nee.  .  .3,  p.  2160,  §  1216 
defense  of    contributory   negligence   or   accident   must   be 

pleaded  specially 3,  p.  2I6I,  §  1216 

matter    of     excuse    not    admissible    under    plea  of   "  not 

gu'l-y  " 3,  p.  2161,  §  1216 

(j.)  Ncgothible  Instruments. 

dtj'ado  holder  of  bill  or  note  has  right  to  sue  thereon,  un- 
less he  holds  it  adversely  to  true  owner 4,  p.  27S3,  §  1603 

on  bill  payable  to  bearer,  action  m  ly  be  brought  in  name  of 
any  person  who  has  either  actual  or  constructive  pos- 
session thereof 4,  p.  2783,  §  1603 

one  to  whom  note  has  been  indorsed  as  collateral  may  main- 
tain an  action  thereon  against  maker 4,  p   27S3,  §  lfji>3 


6742 


PLEADING  AND  PRACTICE. 


Pleading  and  Practice— (Continucil.) 

bill  payiiljle  to  partiouhir  perso'x  or  his  order  must  be  sued 

on  ill  niuno  of  such  person 4,  p.  27S3,  §  1G03 

indorsee  for  colloetion  may  sue  in  his  own  name 4,  p.  278.'?,  §  1G03 

any  parties  may  sue  on  bill  indorsed  in  Itlank  to  firm.  .4,  p.  2763,  §  1603 
(k.)  Ptrauns    Under  Dis.ibilitiett:  In/anU;    Lunatifn;    Married 

Women. 

pleading  in  action  by  or  against  infants 2,  p.  1530,  §    840 

parent  may  sue  for  wearing  apparel  of  infant  lost  by  rail- 

roa<l 4,  p.  3310,  §  1947 

father  may  sue  for  money  of  minor  child  lost  or  stolen  at 

inn 4,  p.  30CG,  §  1784 

master,  principal  or  corporation  may  sue  for  money  behtng- 

ing  to  them  in  the  possession  of  their  servant  or  agent, 

and  lost  or  stolen  at  inn 4,  p.  3000,  §  1784 

80  may  a  bailor 4,  p.  3U(>(<,  §  1784 

husband  may  sue  for  money  of  wife 4,  p.  30tj(i,  §  1784 

two  partners,  only  one   of    whom  is  guest,   can    maintain 

action  as  such  for  loss  of  goods,  property  of  firm. 4,  p.  30C6,  §  1784 
children  injured  b/  sales  to  thuir  father  cannot  join  in  action 

under  civil   damage  laws,  but  must  bring  separate 

actions 3,  p.  10.'54,  §  1132 

infancy  may  be  specially  pleaded  in  bar 2,  p.  1530,  §    840 

in  suit  by  infant,  complaint  must  allege  due  appointment  of 

guardian  ad  litem 2,  p.  1527,  §    840 

infant  defendant  to  a  suit  in  equity  will  be  protected  by 

court  without  tiling  of  cross-bill 2,  p.  1528,  §    840 

infants  must  be  made  parties  to  bills  in  equity  atFecting  title 

to   real   estate;    making  guardiir.is  [larties  not  sulli- 

cient 2,  p.  1529,  §    840 

pleading  and  parties  in   proceeding  to   appoint  guardian  or 

committee 2,  p.  1547,  §    848 

practice  on  petition  by  guardian  to  sell  ward's  realty..  .2.  p.  15GD,  §  874 
suit  may  be  brought  on  bond  of  guardian  by  either  ward  or 

creditors    2,  p.  1591),  §    884 

ward  may  maintain  bill  against   guardian  alone  to  compel 

settlement  of  guardianship 2,  p.  1599,  §    884 

sureties  may  be  sued  without  first  suing  the  guardian.  .2,  p.  1599,  §  884 
guardian  and  sureties  may  be  joined  in  the  same  suit.  .  .2,  p.  IGOO,  §  884 
action  to  recover  money  due  infant  must  be  brought  in  the 

name  of  the  infant  by  guardian 2,  p.  1606,  §    888 

guardian  of  infant  appointed  by  probate  court  not  trustee  of 

express  trust 2,  p.  1606  n,  §    888 

Buit  in  behalf  of   lunatic  must  be  brought  in  his  name,  and 

not  in  that  of  guardian 2,  p.  1546,  §    848 

complaint  in  action  by  lunatic  should  show   right  of  action 

in  him,  and  not  in  guardians 2,  p.  1546,  §    848 


PLEADING  AND  PRACTICE. 


C7t3 


Pleading  and  Practice— (Continued.) 

ouder  Btatute  proviiling  for  pmceedinga  against  nonresi- 
deut   defendants   by  jiul'liuation,    non-resident   in- 
fants may  be  so  proceeded  against 2,  )'.  Ifi23,  §    8  to 

answer  of  defendant  of  unsound  mind  should  be  by  commit- 
tee; if  he  has  no  committee,  defense  may  be  made 
by  guardian  ad  ittfrn 2,  p.  1  ')t7,  §    84S 

for  earnings  of  wife  husband  must  sue  alone 2,  p.  133.">,  §    1',\\ 

iut   injuries   to  person  or   character  of   wife,    husband   and 

wife  must  join  in  action 2,  ji.  1331,  §    7^0 

choses  in  action  accruing  to  wife  during  coverture,  husbaml 

may  sue  alone 2,  i>.  1 33!).  §    73.'{ 

for  her  ante-nupiial  choses,  he  must  join  his  wife  in  suit.2,  ]).  1339,  §    733 

only    parties    (husband   and    wife)    can    prosecute   divorce 

suit 2,  p.  142S,  §    780 

in  action  for  death  of  wife,  husband  and  the  personal  repre- 
sentative of  wife  must  join 3,  p.  1733,  §  1025 

action  for  death  o*  deceased  cannot  be  joined  wit'i  an  action 
by  plaintitl  to  recover  for   personal    injuries  received 

by  himself,  caused  by  same  negligent  act 3,  p.  1738,  §  1025 

(1.)  Action  ogaimt  Railroad  J  or  KilUnr/  Slock. 

facts  upon   which   statutory   liability   arises   should    be  set 

out 3,  p.  2540,  §  1416 

express  averment  that  injury  was  caused  by  failure  to  main- 
tain fences  not  necessary 3,  p.  2540,  §  1416 

not  essential  to  state  that  plaintiff  was  not  guilty  of  contiihu- 

tory  negligence 3,  p.  2540,  §  1416 

allegations  of  negligence  unnecessary   and  irrelevant  where 

cause  of  action  stated  is  complete  under  statute... 3,  p.  2540,  §  1416 

where  declaration  shows  cause  of  action  at  common  law, 
and  evidence  shows  facts  entitling  plaintifl'  to  recover 

under  statute,  he  cannot  recover 3,  p.  2540,  §  1416 

declaration  must  be  complete,  either  under  the  statute  or 

at  common  law 3,  p.  2540,  §  1416 

killing  or  injury  of  animals  at  dilTerent  times  separate  and 
distinct   cause  of  action,  which  should  be  stated   in 
separate  paragraphs  of  complaint 3,  p.  2'i40,  §  1416 

cannot  be  recovery  in  same  action  for  kill  ng  of  horse  and  in- 
jury to  harness 3,  p.  2541,  g  1416 

duty  to  fence  must  be  averred  by  showing  facts  upon  which 

duty  arose 3,  p.  2541,  §  1416 

petition  must   state   accurately   facts  upon   which    recovery 

is  asked 3,  p.  2541,  §  1416 

allegation  that  defendant  failed  to  construct  cattle-guards 

will  not  support  recovery  for  failing  to  fence 3,  p.  2541,  §  1416 

where   provisions  of   the  statute   are  subject   to  exceptions, 

exceptions  must  be  nega'ived 3,  p.  2541,  §  1416 


6744 


PLEADING  AND  PRACTICE. 


Pleading  and  Practice— (Continurd.) 

in  action  liefdre  justices  of  thojioaco,  techBical  rules  of  plPdil- 

ing  not  enforced 3,  i».  2.' tl ,  §  1416 

(m.)  Iffplcriii. 

rciiuisilea  of  suit  nnd  aflTidnvit 7.  p.  -'■)C.^3  h,  §  3049 

petition  must  sliow  (lereiidant   ia   possession  of  property  at 

time  action  commenceil. .  .• 7.  ]>.  nO.'lS,  §  3019 

♦-hat  prop'Tty  is  wronyfuliy  detained 7,  ]).  5038,  §  3049 

that  goods  taken  are  plaintill's  and  were  taken  out  of  ills 

possession 7,  p.  uG3S,  §  3G49 

petition  must  contain  sulBcient   deicription  of  property  to 

identify  it 7,  p.  5039,  §  3019 

in  replevin  for  several  articles,  not  necessary  to  state  sepa- 
rate value  of  each  article 7,  p.  515  tO,  §  3049 

writ  need  not  allege  value  of  goods  replevied 7,  p.  5(140,  §  3  49 

allegation  of  venue  necessary  to  juriNdictii'n 7,  J).  5040,  §  3049 

special  damages  for  detention  may  be  proved  without  being 

allege.l 7,  p.  5010,  §  3049 

defendant   cannot,  in  the  same   action,  claim  the  return   of 

other  property  not  mentioned  tlurein 7,  p.  501O,  §  3049 

replevin  to  recover  property  owned  by  two  jointly,  must  be 

brought  in  tiieir  joint  name.    7,  p.  5G40,  §  3049 

plea  of  lion  njiit  or  iioii  ihtiiift  ailmits  property  in  phiiiitill', 

but  denies  taking  and  detention 7,  p.  50  tO,  S  3050 

defendant  may  plead  several  pleas 7,  p.  5(5 1 1 ,  §  3050 

pleas  of  noil  re/nt  and  propnrty  not  inconsistent 7,  p.  5(141,  S  3050 

plea  of  property  in  defendant  or  stranger  good 7,  p.  5041,  §  3050 

general  issues  rais -s  question  of  jiroperty  of  plaintiff. . .  .7,  p.  5041,  §  3()50 

not  guilty  is  general  issue  in   Missouri 7,  p.  5041,  S  3050 

an  olHcer  may  plead  general  issue,  and  give  8j)ecial  matter 

in  evidavce,  without  notice 7,  p.  5041,  §  3050 

under  not  guilty,  defendant  can  give  evidence  of  special 

matter  showing  plaintiff  not  entitled  to  posses^ion. 7,  j).  5041,  §3050 
tinder  general  issue  defendant  may    show  that  he  holds 
goods  as  sheriff,  under  attachment  against  third  ]i(  r- 

son 7,  p.  5041,  §3050 

answer  of  property  in  stranger  or  defendant,  a  good  jdea  at 

bar 7.  p.  5042,  §  3050 

plaintiff  in  replevin  holds  affirmative  of  issue 7,  p.  5042,  §  3650 

defendant  need  not  deny  amount  of  value  or  allegation  of 

damages 7,  p.  5642,  §  3050 

replevin  to  recover  property  owned  by  two  jointly,  must  be 

brought  in  their  joint  name 7,  p.  5640,  §  3049 

nonsuit  should  not  be  granted  in  replevin 7,  p.  5044,  §  3651 

(n.)  Seduction. 

petition     in     parent's    action     must     aver     minority     of 

daughter 3,  p.  1937,  §  1123 


3C50 


PLEADIXO  AND  niACTICE.  G7'15 

Pleading  and  Practice— (('ontiimed.) 

Couiiliiiiit  inuy  allej,'e  time  of  acts  of  connection  with  a 
Cf'iitiiiii'inilo;  evidence  may  be  (iirt'rt.(l   for  any  time 

covtrol  l>y  coinjilaint 3,  p.   lOHS,  §  1 123 

special  (lama;,"!  neeil  not  li(!  all(>;eil 3,  p.  1<,».{S,  ;i  lli'.l 

BTeinicht  of  rclition  of  master  to  seiviiit  <.'ssential 3,  p.   1!».'W,  §  1123 

uu»ler  count  settini;  i:p  fjcnurally  loss  of  sitviii',    may   re- 
cover for  nitntal  siitlering  canscil  liy    wroii.,' 3,  p.  11K5S,  §  ]  |'J3 

parent  must  a  I  eye  tliat  ileliauchiiiy  was   result  of  seiliic- 

tion 3,  p.  i«)3,s,  §  1123 

averment  of  prtvious  eli  i-iiity,  or  of  ;..>ocl   repute  for  clias- 
tity,  not  essential  to  coni]>1iiint  hi   iction  hy    unmar- 

rieil  woman  for  luT  own   Heductioi 3.  p.  1038,  §  1123 

nor  complaint  neeil  not  descrihe   n>.-!Ui8  usi  d   to  efTol  ac- 
(luclion,  Di't  that  woman  relied   on   seducer's   prom- 

i=*f9 3,  p.  1933,  §  1123 

(o.)  Slni„hr<u,<l  L,l,  I. 

person  remotely  injured  by  libel  cannot  sue 3,  p.  2375,  §  1307 

several  persons  injured  liy  same  libel  may  sue  together. 3.  [i.  237">,  §  1307 

when  p.irtiieis  m  >y  sue  for  libel  in  partnership 3.  p.  '237;!,  §  i:)07 

wiien  ciirporatioa  may  sue  for  libel 3,  p.  237.">,  S  ••>07 

when  niarrieil  wcmi m  may  sue  for  bbel 3    ji.  2376,  §  13U7 

complaint  must  set  out  aetionable  words  spoken,  not  sim- 
ply a  narrative  of  what  occurred 3,  p.  2370,  ^  I3(M; 

enough  to  set  out  substance  of  wonls  spoken 3,  p.  2370,  §  130t» 

in   libel,  entire  article  alleged  to  be  libelous  need  not  be  set 

«'ut 3,  p.  2370, ;:  130(; 

slandt-rous  words  in  foreign  tongue  must  be  set  out  in  ori^^inal 

with  translation 3,  p.  2371,  §  130(5 

averment  of  publication,  how  made 3,  p.  2371,  §  13ii(» 

decree  of  certainty  with  which  libel  should  be  set  forth   de- 

p3n  Is  on  subject-matter   3.  p.  2371,  §  130(> 

different  action.able   wonla   spoken  at   dilFerent  times,  and 

should  be  embodied  in  separate  counts 3,  p.  2371,  §  130.> 

if  complaint  stateii  that  publication  was  libel,  unnecessary  to 
aver  that  it  is  false  and  malicious,  or  without  i)rob- 
able  cause 3,  p.  2371,  §  13;i6 

sufficient  to  al'ege  th^t  the  words  are  f.iUe  and   malicious, 

without  laying  a  scienter 3,  p.  2371,  §  1306 

not  necessary  to  set  forth  imputation  of  crime  with  particu- 
larity ne-essary  in  indictment 3.  p.  2371,  §  1306 

in  declaration  for  slander  in  charging  plaintiff  with  perjury 
in  another  state,  it  must  be  averred  that  I  y  the  laws 
of  such  other  state  perjury  is  an  offense 3,  p.  2371,  §  1306 

in  an   action    fur  words  imputing  an   off'-nse   criminal  by 

statute  only,  statute  need  not  be  refeired  to 3,  p.  2371,  §  1306 

time  of  speaking  the  words  not  material 3,  p.  2372,  §  130o 


6746  PLEADINO  AND  mACTICE. 

Pleadiner  and  Practice- (Continueil.) 

couniliiiiit  iiiimt  ullt'go  that  words  were  uttered  or  publishod 

by  (lefeiuluut  and  in  preseiiuis  of  third  ixtmoii.  .  ..3,  p.  2^72, 
wnrdaactiiiiiiiltluund  iiotacti<)iiiihl('/jrr>'p  iiitiy  h>j  j<>iiivi|,3,  |).  -.'l7-i 

Bpuuiiil  diiiimiju  iiiUHt  hu  avurrid  in  deehiiiitioii 3,  p.  '2'M'2, 

the  iiuiL'iido  and  rotloijui urn  in  action  for  blander  and  lihel, 

rf.iui.siti's  of 3,  l>.  2208,  § 

uurtninty  of  ciiargo  in  declnration  riujuiHitu 3,  p.  2'Ji:i,  !^ 

curtainty  as  to  person  defuniod 3,  p.  22ir),  g 

wliu  may  buu  for  lihel  or  shuidor 3,  p.  2215,  ^ 

pica    of     juHtilication  ruallirms  charges    und    avers    their 

truth 3,  p.  2207  »,  § 

n  ust  specify  the  crimi'  with  certainty 3,  p.  2208  //,  § 

ou  pica  of  justilicatiou  in  libel  defendant  entitled  to  open 

and  close 3,  p.  2298  t>,  § 

justification  must  bo  as  broad  as  charge 3,  p.  2208,  § 

justilicatiou  must  be  specially  plcailcd;  not  admissible  under 

general  issue 3,  p.  2298, 

defendant  may  justify  as  to  our  part,  and  dt  niur  or  jiliad 
privilege  to  rest,  or  deny  that  he  spoko  or  published 

rest  of  words 3,  p.  2.104, 

truth  of  charge  must  be  pleaded  in  bar 3,  p.  '2',iT>i, 

mere  statement  that  words  arc  true  insullicdent  under  code 

system  as  a  justilication 3,  p.  2373, 

general  issue  is  abolished  under  codesystem;  defendant  can- 
not, under  denial,  show  that  alleged  slanderous  worda 
were  not  maliciously  spoken  or  did  nut  amount  t(>  slan- 
der   3,  p.  2373, 

plea  of  justification  not  admissible  to  prove  si)eaking  of  the 
words,  tin  ugh  plea  has  1  een  adjudged  bad  on  demur- 
rer, and  the  defendant  has  also  pleaded  general  is- 
sue  3,  p.  2374, 

plea  of  justification  need  not  allege  truth  of  exact  words 

charged 3,  p.  2374, 

two  defenses  that  defendant  did  not  use  language,  and  tliat 

such  language  is  true,  inconsistent 3,  p.  2374, 

defendant  in  slander  may  both  deny  and  justify    words 

charged 3,  p.  2374, 

cannot    be    compelled    to    elect    between    the  two  de- 
fenses   3,  p.  2374, 

otherwise  where  the  statute  requires  the  ^leadings  to  be 

verified 3,  p.  2374, 

conduct  of  trial  on  plea  of  justification  in  libel  defendant  en- 
titled to  open  and  close 3,  p.  2298  n, 

(p.)  Statutes,  Actions  Under. 

provisions  of  public  statute  need  not  be  pleaded,  unless  stat- 
ute gives  a  cumulative  remedy 7,  p.  5941,  §  3782 


1.100 

i;{oo 
i:m 

1212 
1243 
1244 
1244 

12S0 
1280 

1280 
1280 

§  1280 


§1280 
§  i;J06 

§1306 


§1306 

§  1306 
§1306 
§1306 
§  130(> 
§1306 
§1306 
§1280 


PLEADING  AND  PIIACTICE.  C747 

Pleading^  and  Practice  -((lontiniunl.) 

dfularution  on  |iuual  Htiit>itu  may  1)0   frniiutl    in  wnrU  of 

Btatuto 7.  \>.  '>     \.i  37S2 

should  ulli';^u  tliiit  factd  rlinr;;o(1  aro  nj,'iiiiiHt  form  of  tin;  st.if.- 

ute  upon  wliicli  tho  iictiim  Ih  Imscd  7.  p  •>!)»!,  5  ri7S2 

complaint  ncf<l  not  follnw  livMgii,ij,'(!  of  statute 7,  p.  oM\,  i  37 S2 

ordiuiinco  nee.l  not  lio  cet  out  in  full,  nir  n>.iil  steps  |.r>-!ini- 

iniiry  to  its  jmsHiigo  lio  (Ictiiilid 7,  p.  -IWl,  i  37S2 

allegation  of  pruciau  time  not  esHuntial  in  actioim  on  |>«:ii.il 

Btatutes 7.  p.  J'UI,  i  3782 

obvious   clerical  error,    wrong  seotion  of    Btatute  reftTr».<l 

to 7.  p.  5f)» I .  I  3732 

Btatuto   of  another   state   need    not    be   set    forth    in    Ixf 

mini 7.  p.  5911, 1  3782 

remedial  or  curative  statute  jnny  shift  hnrden  of  pnx»f, 
but  doea  not  relievo  the  plaintill'  from  alkgin^j  ri,'ht 
in  him 7,  p.  5911,  S  3782 

statute  of  frauds,  if  relied    on  as  defense,  niu>t  be  pltadwl 

or  will  bo  deemed  waived 6,  p.  3SS»,  g  2321 

;.)  Statiitori/  Aflioii/or  (Mimlinj  Death, 

petition  should   name  person   for  whose  benetit  action  wa.<» 

bnuiglit,  and  state  relationship 3,  [>.  1737,  9  ^OHo 

where  statute  gives  action  to  the  parent  of  minor  unmarried, 
the  petition  defective  in  not  stating  that  he  wa<i  nn- 
married 3,  p.  1737,  I  1025 

in  action  by  administrator,  the  complaint  need  not  all>L'« 

that  intestate  left  next  of  kin 3,  p   1737,  I  1025 

in  stating  cause  of  action,  the  statute  n<:ed  not  be  referred 

to 3,  p.  1737,  §  1025 

particular  acts  of  negligence  causing  death  need  not  be  .let 

out 3,  p.  1737,  I  1025 

not  necessary  to  allege  that  pecuniary  damage  has  been  sus- 
tained  3.  p.  1737,  §  1025 

under  statute  giving  action  for  killing  of  a  person  by  u-e  of 
deadly  weapons,  "not  in  self-defense,"  must  lie  al- 
leged that  the  killing  was  not  in  self-ili-fense. . .  .3,  p.  173S,  §  1025 

not  necessary  to  allege  that  defendant's  negligi  nee  was  siich 
that  if  defvth  had  not  ensued  injured  person  would 
himself  have  been  entitled  to  recover  for  injury.  .3,  p.  173?,  §  1025 

in  action  for  death  of  wife,  husband  and  the  personal  repre- 
sentative of  wife  must  join 3,  p.  1733,  §  1025 

action  for  death  of  deceased  cannot  be  joined  with  an  action 
by  plaintiff  to  recover  for  personal  injuries  rcix-ived 

by  himself,  caused  by  same  negligent  act 3,  p.  I73S,  §  1025 

(r. )  Telegraphs. 

telegraph  company  may  be  sued  by  party  to  whom  message 

addressed,  for  damage  resulting  from  its  neglect.4,  p.  33  j3,  |  1972 


6743  PLEADING  AND  PRACTICE — PLEDGES. 

Pleading:  and  Practice— (Continued.) 

uiidi8closti(l  princip:il  of  person  by  whom  tel'»graph  message 

is  seat  or  to  vvhooi  it  is  aiidrcadei  may  sue 4,  p.  33G1,  §  1972 

no  con  ractual  relation  between  tele:4ra|)h  company  and 
reci[jieiit:  latter's  remedy  for  damages  caused  by  for- 
mer's uegligence  in  trausmission  is  in  tort 4,  p.  3384,  §  1972 

(8.)   Umry. 

defense  of  usury  must  be  specially  pleaded;  cannot  be  made 

on  trial 5,  p.  4004,  §  24G7 

not  admisaibh)  under  non  a^Hiimpvt 5,  p.  4U94,  §  2467 

interest  on  usurious  contract  mvy  be  recovered,  unless  party 
sets    up    usury    in    answer,    and    tenders   princi[jal 

sum 5,  p.  4094,  §  24G7 

usury  laws  of  another  state  mu^t  be  proved;  court  will  not 

take  judicial  notice  of  them 5,  p.  4094,  §  2467 

Pledges. 

what  impawn 4,  p.  2930,  §  1751 

what  is  a  pledge 4,  p.  29S9,  §  1751 

what  is  collateral  necurity 4,  p.  299J,  §  1751 

distinction  between  a  mortgage,  a  pledge  aud  a  conditional 

SiUo 6,  p.  4990,  §  3076 

title  does  not  pass 4,  p.  2992,  §  1752 

delivery  of  property  essential   4,  p.  2993,  §  1753 

eflFejtofsuliSrfquent  delivery  as  to  intervening  creditors. 4,  p.  29)3,  §  1753 

when  transfer  must  be  in  writing 4,  p.  2994,  §  1753 

actual  manual  possession  not  essential 4,  p.  2995,  §  1751 

goods  may  be  pledged  by  delivery  of  warehouse  receipt  with- 
out indorsement 4,  p.  2995,  §  1754 

delivery  of  savings-bank   book  sufficient  delivery  of    de- 

posiS 4,  p.  2995,  §  1754 

transfer  of  bill  of  lading  in  pledge  pisses  possession  of  pr  >p- 

erty  described 4,  p.  2995,  §  1754 

delivery  of  key  of  warehouse  transfers  the  goods  there .  .4,  p.  2995,  §  1754 

transfer  of  title  by  operation  of  law 4,  p.  2996,  §  1754 

on    pledge    of    bank   stock,    transfer    must    be    made    on 

bo  ks 4,  p.  2906,  §  1754 

who  may  make  pledge 4,  p.  2937,  §  1755 

any  kind  of  personal  property  may  be  pledged 4.  p.  2998,  §  1756 

rile  as  to  property  not  in  existence 4,  p.  2099,  §  1757 

what  debts  and  engagements  may  pledge  cover 4,  p.  3001,  §  1758 

pledge  presumed  to  be  security  for  the  whole  debt  between 
parties;  paynent  of  part  leaves  it  pledge  for  the 

residue 4,  p.  3003,  §  1759 

where  pledge  is  made  for  a  specific  purpose,  it  can  be  applied 

to  and  held  for  that  purpose  alone 4,  p.  3003,  §  1759 

pledge  made  for  one  debt  cannot  be  held  for  former  debt, 

unless  such  was  intention  of  parties 4,  p.  3003,  §  1759 


PLEDGES.  67iy 

Pledges— (Continued .) 

wiiere  ditrrireiit  L.ans  are  made  at  different  times  on  different 
plfd,'es,  presumption  is  that  each  transaction  was  in- 

teu.lcd  to  he  s.eparate 4,  p.  3003,  §  ITj^ 

implied  port-er  of  ajent  to  [jledge 1,  p.     109,  §      70 

implied  pnvers  of  corporation  to  pleJ^'e 1,  p.    651,  §    384 

port-t.  .ji  broker  to  pledge  stock 1,  p.    3<)3^  §    •2^2'^ 

factor  no  authority  to , 1,  p.    421    §    2"J*J 

in  failure  to  transfer  stoc-k  at  reipiedt  of  a  pledgee,  bank  ia 

not  liible  f  >r  subse'iueut  depreciation  of  stock. . .  1,  p.    775,  §    4GG 

pledge  of  a  thing  carries  its  natu-al  increase 4,  p.  3005,  §  I75J 

pledge  of  animals  carries  yo  mg  born  during  the  lerm.  .4,  p.  3005,  §  1759 
pledge  of   stock  or   securities  bearing  interest   carries   divi- 
dends  or   payments   of    interest   falling   due  during 

t**"™ 4.  p.  3005,  §  175a 

pledge  will  cover  interest  on  de'.t,  and  inci.lental  charges 
and  expenses  necessary  and  proper  for  preservation  of 

P'«''S«  4,  p.  3005,  §  1759 

pledgee  may  a  le,  either  for  restitution  of  tiling,  or  for  dam- 
ages, owner   or  stranger   who   may  take  it  from    his 

ix'^seaalm 4_  p.  3003,  §  1700 

pledgeor  of  chatte'  cannot    miintain  action  for  its  recovery 

from  pledgee  before  payment  of  debt 4,  p.  3008,  §  1700 

■when  pledgee  may  and  may  not  use  thing  pledged 4,  p.  3  )  i),  §  1701 

right  of  pledgee  of  stock  to  vote  ou  it 4,  p.  300!i  n,  §  1701 

right  of  ple.lgee  to  sell  pledge 4,  pp.  3010-3014,  §  17(;2 

demand  and  notice  necessary 4,  p.  3014^  ^  ]  7(53 

sale  must  be  public 4,  p.  301 7^  §  17^1 

pledgee  may  not  purchase 4,  p.  30I8,  §  1705 

pledge  of  several  securities 4,  p.  3019,  §  I7ii0 

pledgeor  may  ratify  irregular  sale 4,  p.  3019,  §  1707 

pledges  not  obbg,  d  to  seU 4,  p.  3320!  §  170S 

pledgee  may  sue  pledgeor  p*^-  onally 4,  p.  302.{,  §  1709 

right  of  pledgee  to  transfer  pledge 4,  p.  3023,  §  1 770 

rights  of  purchasers   4.  p.  31,03'  j^  1770 

plolgee  liable  for  neglect  in  care  of  pledge 4,  p.  3023,  §  1771 

pledgee  not  liable  for  theft  of  pledge 4^  p.  302S,  §  1771 

creditor  who  holds  policy  of   lite   insurance  on   debtor's  life 
guilty  of    negligence  in  not    keeping    up  payment 

of  premiums 4_  p_  3023,  §  1771 

if  by  fault  of   creditor  holding   collatera's  guaranteed   by 
debtor,  collaterals   become  wortliless,   creditor   must 

^*''  ^°*» 4,  p.  3028,  §  1771 

pledgee  of   chose  m  action  bound  to  use  ordinary   diligence 

to  secure  its  payment  when  due 4   p.  3028,  §  1 771 

pledgee  is  liable  for  negligence  of  his  agents  or  servants. 4,  p.  3029,  §  1771 
contract  may  enhrge  or  restrict  liability  of  pledgee.... 4,  p.  3029   §  1772 
Lawso.x  U.  ft  H 4;  a.  ' 


6750 


PLEDGES — POST-OFFICE. 


Pledges— (Continued. ) 

duty  of  pledgee  of  negotiable  paper  to  collect  it 4,  p.  3031,  §  1773 

riglit  of  pledgeor  to  redeem 4,  p.  3033,  §  1774 

duty  of  pledgee  to  return  pledge 4,  p.  30^5,  §  1775 

pledgeor  warrants  that  he  is  the  owner  of  thing  pledged  and 

that  there  are  no  defects  in  it 4,  p.  3039,  §  1776 

pledgeor  must  reimburse  pledgee  for  expenses  incurred. 4,  p.  303'J,  §  1776 
pledgee  must  hold  balance  received  on  sale  for  pledgeor  and 

pay  it  over  to  him 4,  p.  3039,  §  1776 

pledgee  must  render  account  to  pledgeor  of  income  and 

profits 4,  p.  3040,  §  1776 

extinguishment  of  pledge 4,  p.  30i) ,  §  1777 

by  payment  of  debt  or  discharge  of  eugag(.iii<.iit 4.  p.  3041,  g  1777 

by  taking  higher  security 4,  p.  3l)tl,  ^  1777 

by  giving  up  possession 4,  p.  3i41,  §  1777 

by  release  or  waiver  of  security 4,  p.  3043,  ;;  1777 

by  prescription  or  limitation 4.  p.  3043,  §  1777 

by  loss  of  pledge 4,  p.  3043,  §  1777 

Policemen. 

may  sue  city  for  injury  through  defects  in  highway 1,  p.    513,  §    294 

Ponds. 

See  Water-s  and  Water-course.?. 
Poor. 

attorney  not  liable  to  serve  as  overseer  of 1,  p.    22S,  §    140 

attorney  must  defend  poor  persons  without  charge 1,  p.    231,  §    142 

Porter. 

railroad  company,  implied  powers  of 1>  P-    117,  §     76 

Post  office. 

post-office  is  agent  of  sender  of  letter 5,  p.  3754,  §  2233 

delivery  of  letter  to  post-office,  no  delivery  to  person  to 

whom  addressed  until  actually  received  by  him.  .5,  p.  3754,  §  2233 
aliter  where  person  makes  offer  to  another,  and  authorizes 
him,  either  expressly  or  impliedly,  to  send  answer  by 

post 5.  p.  3754,  §  2233 

person  making  offer  by  letter  impliedly  authorizes  accept- 
ance by  post 5,  p.  3755,  §  2233 

letter  deposited  in  street  letter-box  is  deposited  in  post- 
office  5,  p.  375.i,  §  2233 

but  letter  must  be  duly  stamped 5,  p.  3755,  §  2233 

ofifer  remains  open  a  reasonable  time;  acceptance  must  be 

mailed  within  reasonable  time 5,  p.  3755,  §  2234 

but    may    be  made    conditional    on    answer    by  return 

mail 5,  p.  375G,  §  2334 

revocation  of  offer  made  by  pos^,  how  made 5,  p.  3757,  §  2236 

where  holder  divides  bank  note  for  transmission  by  mail  and 
loses  one-half,  he  may  recover  amount  of  whole 
note 2,  p.    965,  §   536 


POST-OFFICE — POWERS.  6751 

Post-offlce— (Continued.) 

depositcr  ordering  money  sent  by  mail  takes  risk  of  loss  on 

way 2,  p.    9i8,§    528 

payment  by  post,  see  Payment,  1. 

notice  of  dishonor  by  post 4,  p.  2(;S1-2GS8,  §  1540 

presentment  for  payment  of  bill  may  be  made  throii-h 

post 4,  p.  2C51,  §1510 

liability  of  agent  for  principal's   money   forwarded  by   mail 

andlost 1,  p.    131,  §      88 

making  oertiKcate  and  mailing  it  to  a  stockholder  is  issuing 

»t 1,  p.    7':3,  §    43.-) 

mailing  notice  of  assesment  to  subscriber  sufficient 1,  p.    743,  §    448 

purson  to  whom  a  letter  sent  by  mail  is  addressed  may  main- 
tain action  of  trover  against  postmaster  refusinij;  to 

•deliver  it 7,  p.  5G68,  §  3G64 

communication     privilef:tcd     as    between    sender    and    re- 
ceiver may  lose  privilege  if  sent  unnecessarily  by 

postal  crd  or  telegram 3,  p.  2316,  §  1290 

sending  a  libel  by  telegraph  or  postal  card  is  a  publica- 
tion  3,  p.  2190,  §  1236 

mail  carrier  is  not  a  common  carrier 4,  p.  S083,  §  1792 

Powers. 

See  Executors  and  Admixistrators. 

powers  defined;  are  either  general  or  particular 6,  p.  4479,  §  2748 

powers  relating  to  land  and  collateral  to  it 6,  p.  4479,  §  2748 

powers  appurtenant  and  powers  in  gross 6.  p.  4479,  §  2748 

where  an  express  estate  for  life  is  given  by  will,  and  power 

of  disposition  is  afterward  conferred 6,  p.  44S0,  §  2748 

where  person  takes  by  execution  of  power,  he  takes  under 

authority  of  power 6,  p.  4480,  §  2743 

power  of  disposal  by  will  does  not  enlarge  interest  in  donee 

of  power  beyond  what  is  expressly  limited 6,  p.  4480,  §  2748 

property   appointed    under  general   power  forms  assets  in 

equity  for  payment  of  the  appointer's  debts 6,  p.  44S0,  §  2748 

powers  may  be  created   by   deed,    will,    grant   or  reserva- 
tion  6,  p.  4480,  §  2749 

power  to  sell,  lease,  etc.,  given  to  stranger  in  deed  to  grant- 
or's children  void 6,  p.  4480,  §  2749 

in  construing  power,  intention  of  parties  governs 6,  p.  4480,  §  2749 

every  person  of  capacity  to  dispose  of  estate  may  execute 

power  over  land 6,  p.  44S1,  §  2750 

infant  may  execute  power  collatural 6,  p.  4481,  §  2750 

married  woman  may  execute  power  without  husband's  con- 
sent  6,  p.  4481,  §  2750 

joint  donees  must  all  join  in  execution  of  power 6,  p.  4481,  §  2750 

where  mode  not  prescribed,  power  may  be  executed  by  deed, 

will,  or  writing 6,  p.  4481,  §  2751 


C752  POWERS — PRESCRIPTION. 

Powers— (Continued.) 

power  coupled  with  trust  cannot  be  deVgated C,  p.  44S1 , 

where  mode  prescribed,  that  mode  must  be  fullowed. .  .6,  p.  4481, 

appointment  when  sufficient  exercise  of  power 6,  p.  448*2, 

ao w  intent  to  execute  power  shown 0,  p.  4483, 

«rhat  is  and  is  not  a  good  execution  of  power 6,  p.  44  jO, 

»wustruction   of  words   in  powers,   "among,"    "children," 

"  sell  and  convey,"  "  sell  " -. 6,  p.  44S5, 

persons  having  power  of  appointment  must  execute  it  bona 

Jide  for  end  designed 6,  p.  44*>8, 

equity  will  set  aside  fraudulent  appointment 6,  p.  44SS, 

non-execution  of  power  not  aided  in  equity 6,  p.  448'.), 

alitvr  as  to  defective  execution  of  power 6,  p.  4489, 

at  whose  suit  will  and  will  not  equity  grant  relief 6,  p.  4490, 

common-law  powers  abolished  and  statutory  powers  sub- 
stituted in  some  states;  construction  of 6,  p.  4401, 

in  what  ways  may  and  are  powers  extinguished 6,  p.  449'2, 

power  coupled  with  interest  not  recoverable 1,  Jip.  59-00, 

where  jtower  of  appointment  is  given  to  testator's  wife  and 

none  is  made,  his  children  will  take 6,  p.  520G, 

powers  in  the  nature  of  trusts  failing,  equity  will  execute 

them 4,  p.  3409, 

Preambles. 

preambles  in  statutes,  construction  and  effect  of 7,  p.  5913, 

Pre-emption. 

title  by  pre-emption,  how  acquired 6,  p.  4398, 

rights,  powers  and  interests  of  pre-emption 6,  p.  439S, 

Preferences. 

See  CoiiPORATioNa 

assignments  for  benefit  of  creditors,  see  MoRTnAOES,  12. 
implied  powers  of  corporation  to  prefer  one  creditor  to  an- 
other, even  though  a  stockholder 1,  p.    655, 

Preferred  Stock. 

power  of  corporation  to  issue  preferred  stock 1,  pp.  661-666, 

Prescription. 

prescription  of  lost  conveyance  from  lapse  of  time 6,  p.  4101, 

time  necessary  to  give  title  by 6,  p.  4402, 

public  corporations  may  exist  by  prescription  1.  p.    dO, 

aliter  as  to  private  ones 1,  p.    610, 

easements  by  prescription,  how  acquired 6,  p.    4527, 

right  to  maintain  pulilic  nuisance  cannot  be  granted  by 

prescription 8,  p.  4St4, 

aliter  as  t't  private  nuisance 6,  p.  4815, 

right  to  use  water  to  injury  of  adjoining  proprietors,  by 

grant  or  prescription 6,  p.  4772, 

right  to  pollute  water  may  be  acquired  by  prescription. 6,  p.  4816, 
no  prescriptive  right  to  footway  uver  railroad  lauds. . .  .2,  p.    998, 


2750 
•-'751 
2751 


1 


§27o 
§275i 


§2752 


2753 
2753 
2:54 
2754 
2754 

275.5 

2756 

44 

3233 

i2004 

i376S 

2fi97 
2697 


387 

393 

2700 

2700 

342 

.342 

2776 

2975 
2J75 

2924 

21)54 

553 


roo 


PRESCRIPTION — PRINCIPAL  ANT)  AGENT. 

Prescription— (Continued. ) 

in  aoine  statea  piivate  persons  may  obtain  exclusive  rights 
of  fishery  by  grant  from  state,  or  by  prescrip- 
tion  6,  p.  4792, 

extinguishment  of  pledge  by 4,  p.  3U43, 

Presentment. 

of  check,  see  Banks,  6. 
of  bill  or  note,  see  Negotiable  Instruments. 
Presumptions. 

See  Evidence,  7. 
President. 

See  Basks;  Corporations. 

absolute  privilege  for  slanderous  words  extends  to  the  pr^si- 

dent  of  the  United  States 3,  p.  2307, 

Priest. 

See  Religious  Societies. 
Principal  and  Agent. 

See  also  ArroRNEY  and  Client;  Acctioneeks;   Brokers; 
Corporations. 

1.  Definitions. 

2.  Who  May  be  Principals. 

3.  Who  May  Not  be  Principalsi. 

4.  Who  May  be  Agents. 

6.   Who  May  Not  be  Agents. 

6.  Appointment  of  Agents. 

7.  Joint  Principals  and  Joint  Aqents. 

8.  Delegation  of  Authority. 

9.  Ratification. 

10.  Dissolution  of  Agency. 

11.  Authority  of  Agknt. 

12.  Duties  and  Liabilities  of  Agent  to  Princtpau 

13.  Duties  and  LiABrnTiEs  of  Princip vl  to  Agknt. 

14.  Duties  and  Liabilities  of  Agents  and  Principals  to 

Third  Persons. 

15.  Duties  and  Liabilities  of  Third  Persons  to  Principals 

AND  Agents. 

1.  Dejxnitions, 

agdut  and  agency  defined 1,  p.  i^ 

reciuisites  of  valiil  agency 1.  p.  1, 

general  agent  defined 1,  p.  1, 

special  agent  defined 1,  p.  i^ 

distinction  between  general  and  special  agency.  1,  p.  2,  §  1;  p.  73, 

the  different  classes  of  agents 1,  p.  2, 

2.  117(0  Miiij  be  Priiiclp'ilii. 

all  persons  sui  juris  may  be 1,  p.        4, 

infant  cannot 2,  p.  1407, 

may  employ  another  to  do  legal  act 1.  p.     4  m, 


6753 


§2939 
§1777 


§1232 


§ 

1 

§ 

1 

§ 

1 

§ 

1 

§ 

56 

§ 

2 

§ 

3 

§ 

824 

§ 

3 

6754 


PRINCIPAL  A2fD  AGENT. 


Principal  and  Agent— (Continued.) 

maker  of  note  may  authorize  another  to  sign  his  name. .  .1,  p. 

implied  power  of  bank  to  appoint  agents 2,  p. 

implied  power  of  agents  to  employ  agents 1,  p. 

3.  Who  May  Not  he  Principals. 

idiots,  lunatics,  and  persons  non  compos  mentis  may  not.  1,  p. 

nor  infants,  except  in  their  own  interest 1,  p. 

nor  married  women  at  common  law 1,  p. 

nor  alien  enemies 1 ,  p- 

nor  convicts 1,  p> 

4.  Who  May  be  Agents. 

all  persons  as  a  general  rule 1,  p. 

infants 1,  p. 

married  women 1,  p. 

husband  for  wife 1 ,  p. 

father  for  son 1,  P- 

son  for  father 1,  P- 

corporation  for  individual 1,  p. 

alien  enemy 1.  p. 

5.  Who  Ma;/  not  be  Agtnts. 

persons  liaving  adverse  interests 1,  p. 

one  caunot  be  agent  for  botii  parties  where  interests  are  ad- 
verse  1,  p.  6,  §  7;  1,  p. 

double  agency  with  consent  of  parties  ....  1,  p.  7,  §  7;  1,  p. 

contract  made  by  agent  of  both  parties  not  void 1,  p. 

agent  cannot  act  for  himself  and  his  principal 1,  p. 

agent  cannot  be  appointed  to  do  an  unlawful  act 1,  p. 

or  an  act  personal  in  its  nature 1,  p. 

6.  Appointment  of  Agents. 

authority  essential  to  agency 1,  p. 

evidence  of  appointment 1,  p. 

an  interpreter  is  not  an  agent  of  the  parties 1,  p. 

letter  to  agent  not  evidence  unless  agency  first  estab- 
lished   1,  p. 

buyer  of  exchange  for  principal  not  agent  of  seller 1,  p. 

authority  or  aj)p;)intmeiit  may  be  conferred  by  parol.  .  .1,  p. 

ancient  rule  that  deed  essential  abolished 1,  p. 

verbal  authority  sutheient  to  authorize  agent  to  contract  for 
sale  of  land 1 ,  p. 

to  confess  judgment 1,  p. 

to  enter  on  land 1,  p. 

to  contract  for  sale  of  mining  claim 1,  p. 

to  veiuler  money  to  redeem  li*nd  sold  for  taxes 1,  p. 

to  exejute  lease  for  a  year,  not  requiring  seal 1,  p. 

to  authorize  third  person  to  deliver  possession  to  mort- 
gagee  1,  p. 

as  where  principal  recognizes  or  acquiesces  in  agent's  acts.  1,  p. 


4n,  § 

3 

85!  t,  § 

511 

101,  § 

68 

4,§ 

4 

4.  § 

4 

5,  § 

4 

5,  § 

5 

5,§ 

5 

5.§ 

6 

5,  § 

6 

5,§ 

6 

5,  § 

6 

6,  § 

6 

6,  § 

6 

6,  § 

6 

6,  § 

6 

6,  § 


141,  § 

94 

142,  § 

94 

7,§ 

7 

7,§ 

7 

8,§ 

8 

8,§ 

8 

9,§ 

9 

9,  § 

9 

9,§ 

9 

9,  § 

9 

10,  § 

9 

11,  § 

10 

11,  § 

10 

11,  § 

10 

11,§ 

10 

11,  b^ 

10 

11,  § 

10 

11.  § 

10 

11,  § 

10 

H,  § 

10 

11.  § 

11 

PRINCIPAL  AND  AGENT. 


6755 


4 

4 
4 
5 
5 

6 
6 
6 
6 
6 
6 
6 
6 


94 
94 

7 
7 
8 
8 

9 
9 
9 


10 
10 
10 
10 
10 
10 


Principal  and  Agent — (Continued.) 

appoiutmeiit  may  be  implied  from  relations  and  actions  of 

parties 1|  P- 

where  agent  is  appointed  \>y  writing,  writing  must  be  pro- 
duced or  accounted  for li  P- 

agent's  authority  to  execute  sealed  instrument  cannot  be 
shown    by   parol  acknowldgemeut   of  principal  that 

sealed  authority  had  been  j,'iven 1,  p. 

agent's   authority    cannot    be  proved   by    ageut's    declara- 
tion   1.  P- 

nor  can  special  agent  enlarge  his  authority  by  his  state- 
ments   1>  P- 

agent's  declaration  before  he  was  appointed  or  after  author- 
ity  is    withdrawn,   is   not  within    the    scope  of  the 

agency  and  does  not  bind  the  princi[>al 1,  p. 

authority  to  execute   instrument   under   seal   must   be   by 

deed 1.  P- 

but  deed  by  agent  will  be  considered  in  equity  a  contract 

to  convey 1>  P- 

where  the  act  would  be  eCfectual  without  a  sealed  instru- 
ment, parol  authority  is  sufficient 1,  p. 

unless  declared  on  as  a  contract  under  seal 1,  p. 

sealed  authority  not  essential  when  principal  is  prt-sent.  1,  p. 
authority  to  execute  unsealed  writing  need  not  be  in  writ- 
ing   1'  P- 

verbal  authority  to  sign  or  indorse  notes,  sufficient.  ..1,  p. 

authority  to  sell  lands  not  good  by  parol 1,  p. 

but  parol  authority  to  covtrart  for  tl.eir  sale,  sufficient.!,  p. 
authority  to  make  contract  for  sale  of  lauds  under  statute  of 

frauds  good  by  parol 1,  p. 

agents  of  corporations  may  be  appointed  without  seal. .  1,  p. 
7.  Joint  Principals  and  Joint  Aijents. 

joiut  principals  are  not  agents  for  each  other 1,  p. 

except  when  they  are  partners 1,  p- 

or  part  owners 1>  P- 

rights  of  joint  principals 1.  P- 

liabilities  of  joiut  principals 1,  P- 

authority    given    to    two    agents    must    be    exercised    by 

both 1,  pp.  2 

one  cannot  delegate  his  power  to  the  other 1,  p. 

where  jartnership  is  an  ageut,  one  partner  cauuot  act  after 

death  of  the  other 1>  P- 

by  usage  one  of  two  joint  agents  may  act 1,  p. 

and  where  power  is  coupled  with  interest 1,  p. 

or  when  joint  power  is  given  by  separate  instnuneiits.   .1,  p. 

or  where  agency  is  for  public  purpose 1,  p. 

liabihty  of  joint  agents 1.  P- 


11,  § 

11 

13,  § 

11 

13,  § 

11 

15,  § 

12 

15,  § 

12 

15,  § 

12 

15,  § 

13 

16,  § 

13 

10,  § 

13 

IG  «,  § 

13 

17,  § 

14 

IS,  § 

15 

is,§ 

15 

I'J,  § 

15 

l'J,§ 

15 

10,  § 

\Cy 

li),  § 

17 

20,  § 

IS 

20,  § 

19 

21,  § 

19 

21,  § 

20 

21,  § 

20 

1,  22,  § 

21 

22,  § 

21 

22,  § 

21 

2--',  § 

21 

22,  § 

21 

23,  § 

21 

24,  § 

22 

•.^4.  § 

23 

6756 


PRINCIPAL  AND  AGENT. 


Principal  and  Agent  -(Continued.) 

8.  Delegation  of  Aitlliorilij.    See  also  yo2/i<  Principals  and  Joint 
Af;enls,  iiiii>ra6. 

authority  is  eitlier  original  or  (lclc:;ated 1,  p. 

original  authority  may  \>o  ilelf;,'atoil 1,  p. 

power  to  do  illegal  act  cannot  be  delegated 1,  p. 

authority  presumed  legal 1,  p. 

power  to  do  pa'sonal  act  cannot  be  delegated 1,  p. 

person  cannot  be  married  by  agent 1,  p. 

or  make  will  by  agent 1 ,  p. 

married  woman  cannot  make  statutory  d<ed  by  agent. .  1,  p. 
covenant  to  do  thing  requiring  skill  and  judgment  cann<'t  be 

delegated 1>  p- 

bailment  of  property   with  power  of  sale  cannot  be  (!•  le- 
gated   1,  p. 

executor  or  administrator  may  a|)point  attorney  to  trims- 

f er  stock 1 ,  p. 

a  delegated  authority  cannot  be  delegated 1,  p. 

who  pannot  delegate  authority 1.  p. 

an  agent  appointed  by  owner  of  estate  to  sell  it 1,  p. 

an  executor  with  power  to  sell 1 ,  p. 

a  broker  author  zed  to  sign  a  contract  for  his  [ninciiial.  1,  [). 
an  agent  authorized  to  give  a  note  or  do  other  acts. ..  1,  p. 

general  agent  of  an  iuburanee  company 1,  p. 

arl>itrators  appointed  to  decide  a  question 1,  p. 

a  judge 1,  p. 

a  keeper  appointed  by  a  sherilT 1,  p. 

the  governing  body  of  a  municipal  corporation 1,  p. 

an  attorney  at  law 1,  P' 

a  corporation  authorized  to  levy  assessments  on  its  uicni- 

bers 1,  p. 

directors  of  a  corporation  authorized  to  execute  a  lease  for 

the  corporation 1,  p. 

a  committee  appointed  to  repair  dams  .and  fi.shways. .  1,  p. 

canal  commissioners  having  authority  by  statute  to  enter 

upon  lands  and  t.ikc  and  use  property   "  as  they  may 

think  proper  " 1,  p. 

an  agent  employed  to  drive  cattle 1,  p. 

when  delegation  of  delegated  authority  permitted 1,  p. 

when  delegation  is  authorized  by  statute  or  contract. ..  .1,  p. 

when  delegation  is  authorized  by  usage  of  trade 1,  p. 

where  act  is  purely  ministerial  and  does  not  require  exercise 

of  discretion 1 ,  p. 

where  act  can  be  best  accomplished  through  sub-ivgeut..l,  p. 

by  factors  and  commission  merch mts 1,  p. 

to  receive  and  pay  over  money  for  removing  buildings. .  1,  p. 
trustees  may  employ  agents 1 ,  p. 


25, 

§ 

24 

2.-.. 

§ 

25 

'J5, 

§ 

25 

-0  //, 

§ 

25 

2.-., 

§ 

25 

25, 

§ 

25 

•25. 

§ 

25 

25, 

S 

25 

20,  §     25 


26,  §     25 


20, 

§ 

25 

20, 

§ 

26 

27, 

S 

27 

27. 

S 

27 

27, 

§ 

27 

27, 

§ 

27 

27, 

§ 

27 

27 

§ 

27 

27 

§ 

27 

27 

§ 

27 

27, 

§ 

27 

27 

§ 

27 

27 

§ 

27 

27,  §     27 


27,  § 

27 

27,  § 

27 

27,  § 

27 

27,  § 

27 

28,  § 

28 

2'.>,  § 

28 

29.  § 

28 

20.  § 

28 

2'J,  § 

28 

29,  S 

23 

2!),  § 

28 

ii9,  § 

28 

25 


25 
26 
27 
27 
27 
27 


27 

27 
27 
27 
27 


§ 

27 

§ 

27 

§ 

28 

§ 

28 

§ 

28 

§ 

23 

§ 

28 

s 

28 

§ 

28 

§ 

28 

PRINCIPAL  AND  AGENT.  0757 

Principal  and  Agent— (Continued.) 

bauk  directors  may  give  committee  power  to  convey  real  es- 

.      ,     ^'^^^ l.p.  20,§  28 

bank  may  sen.l  draft  for  collection  to  sub-agent 1,  p.  20,  §  28 

delegation  permitted  where  princiiml  is  aware  of  it l'  p.  2ji  §  28 

or  where  delegation  is  directly  or  indirectly  authorized  by 

9.i?..^j': ^'p-  ^°'§  28 

unauthorized  act  of  agent  may  be  ratified  by  principal 

^,        ^            ,                                          1.  1>-  31,  §  2'J;  1.  p.  139.  §  93 

though  agent's  name  was  not  known  to  him 1,  p.  32,  §  29 

acts  ratified  even  f.>r  a  moment  bii  d  him 1,  p.  33   §  29 

whore   atjent   delegates    power,  ratification   by  priu-ipal 

makes  act  valid j    .,  33    o  29 

but  aliter  as  to  ratification  by  agent 1,  p.  33   s  29 

ratification  of  tort  of  agent  makes  i.rincipal  liable 1,  p.  33,  §  29 

ratification  cannot  divest  vested  ri-hts  of  third  person. .  1,  p,  3->',  g  30 

ratification  cannot  give  title  to  null  instrument 1,  p.  3.1,  §  30 

illegal  or  void  act  cannot  be  ratified 1,  p,  3(;[  §  31 

but  person  may  ratify  a  forgery  of  his  name 1,  p.  37!  §  31 

and  the  state  may  ratify  the  illegal  acts  of  its  officers.  1,  p.  37]  §  31 

act  must  have  been  done  on  bilinlf  of  principal 1,  p.  37   g  32 

principal    must    have    been   in  existence     when  act   was 

.^    '*""® l,p.  3S,§  33 

ratification  by  company  of  acts  of  pr.motirs 1,  p.  38,  §  33 

ratification  of  unauthorized  contract  of   insurance   mu-t  be 

^^^"'•^l"^^ l,p.38n,§  33 

ratification  must  have  been  made  with  knowledge  of  all  the 

.^    ^'^''^^ 1,  p.  38,  §  34 

ratification  once  made  is  irrevocable i_  p_  40  §  35 

ratification  absolves  agent  from  all  liability 1,  p.  40,  §  3(3 

gives  principal  right  to  sue  on  contract 1,  p.  41,  §  30 

gives  agent  same  rights  as  if  act  originally  authorized.  1,  p.  41,  §  36 

but  where  principal   ratifies  to   save   loss,  agent  remains 

"''^^^- l.p.  41, §  36 

efTect  of  ratification  u(ion  acts  of  sub-agent 1    t).  41    §  3" 

ratification  must  be  entire;  part  cannot  be  ratified  and  part 

.    '■.^j'''^**^'^ ' 1,  p.  41,  §  38 

princi[ial  cannot  ratify  conditionally 1,  p.  42  „    s  33 

ratification  made  under  mistake  is  voidable 1,  p.  42  §  3s 

what  acts  of  agent  cannot  be  ratified 1,  p.  43   s  39 

form  of  ratification:  may  be  expressed  or  implied 1,  p.  4:{,  §  40 

if  act  under  seal  ratification  must  be  under  seal 1,1).  44   §  40 

implied  ratification  from  acts  and  conduct 1,  p.  44,  §  41 

Bilence  raises  presumption  of  ratification 1,  p.  45   s  41 

dissent  need  not  be  the  instant  the  act  is  known 1,  p.  45  §  41 

but  must  be  within  reasonable  time 1,  p.  45  s  41 


6758 


PRINCIPAL  AND  AGENT. 


Principal  and  Agent -(Continued.) 

ratilioation  by  ucoepting  benefits  of  unauthorized  act.  ..1,  p.      45, 
by  suing  the  purchaser  for  t)ie  I'.eht  or  on  the  contract.  1,  p.      47, 

by  suing  the  agent  for  the  money  received 1,  p.      47, 

by  defending  a  suit  brought  to   recover  land  acquired 

through  the  agent 1,  p.      47, 

bringing  writ  of  entry  is  ratification  of  previous  entry  on 
land  made  by  only  one  of  two  agents   appointed  for 

that  purpose 1,  p.       47, 

illustrations  of  cases  in  which  ratifii^atinn  was  implied. ." ,  p.      48, 
illustrations  of  cases  in  which  ratification   was  not   im- 
plied   1,  p.      53, 

ratificatiiin  of  unauthorized  acts  of  attorney  at  law 1,  p.    2!)4, 

10.  DiHiolution  of  Agency, 

modes  of  dissolving  relation  of  principal  and  agent 1,  p.      55, 

by  performance  of  object  or  lapse  of  time 1,  p.      50, 

parting  by  a  principal  with  right  in  subject-matter  of  agency 
before  attorney  has  exercised  the  power,  is  revocation 

of  power 1,  p.      56, 

land-owner  may  employ  several  difTerent  agents  to  act  for 
him  in  sale  of  same  tract,  and  sale  by  one  is  revoca- 
tion of  authority  of  others 1,  p.      50, 

power  conferred  uj^on  agent  to  negotiate  bonds  of  principal, 
if  silent  as   to  like  power  previously  given,  dues  no* 

operate  as  revocation  of  earlier  power 1,  P«      50, 

dissolution  of  agency  by  act  of  principal 1,  p.      57, 

principal  may  revoke  agent's  authority  at  anytime.  .1,  pp.  57,  58, 

except  when  power  is  coupled  with  interest 1,  pp.  59,  (50, 

or  is  founded  on  a  consideration 1,  pp.  59,  60, 

though  appointment  states  that  it  is  irrevocable,  this  does 

not  prevent  its  revocation 1 ,  p.       60, 

though  the  agent  is  appointed  under  seal,  his  authority  may 

be  revoked  by  parol 1,  p.      60, 

revocation  of  authority  of  agent  may  be  implied  from  cir- 
cumstances, as  appointing  another  person  to  do  the 

same  act 1,  p.      60, 

but  giving  additional  power  to  one  of  two  agents  does  not 

revoke  authority  of  other r 1,  p.      60, 

after  revocation  of  agent's  author. ty,  principal  not  bound,  as 
between  himstdf  and  agent,  to  notify  latter  of  his  dis- 
sent from  acts  done  by  such  agent  in  pursuance  of 

original  authority 1,  p.      58, 

by  act  of  agent 1 ,  P-      62, 

agent  dissolving  agency  liable  in  damages 1,  p.      62, 

agency  dissolved  by  renunciation  of   agunt 1,  p.       62, 

or  by  want  of  fidelity  on  his  part 1,  p.      62, 

by  change  of  name  of  partnership 1,  p.      62, 


§  41 

§  41 

§  41 

§  41 


§  41 

§  41 

§  41 

§  175 

§  42 

§  43 


§     43 


§     43 


§  43 

§  44 

§  44 

§  44 

§  44 

§  44 

§  44 


§      44 
§      44 


§ 

44 

§ 

45 

§ 

45 

§ 

45 

§ 

45 

§ 

45 

42 
43 


45 
45 
45 


PRINCIPAL  AXD  AGENT.  G759 

Principal  and  Agent — (Continued.) 

by  ile;itl»  of  principal 1,  pi>.  G.*?  flS,  § 

Ly  death  (if  ayent 1,  pp.  OJUH,  § 

by  hanktiiptcy  of  principal 1,  p.      G(i,  § 

by  b.inkriipt  y  of  ayeiit 1>  !>•      G".  § 

by  marri:ige  of  principal 1,  pp.  GG-(i7,  ^ 

by  niarriiii^e  of  a>;ent 1,  p.       (J(),  § 

by  insanity  of  principal 1)  ?•      67,  § 

by  insanity  of  agent 1.  p.      G7,  § 

by  destruction  of  the  subject-matter  of  the  agency.  ..1,  p.      67,  § 

by  war 1,  p.       68,  § 

from  what  time  revocation  of  ageut'a  authority  takes  ef- 
fect  1,  pp.  08-71,  § 

11.  Authoritij  of  Aijent. 

general  and  special  iigency  defined  and  illustrated...!,  pp.  73-82,  § 

■» ho  are  general  agents 1,  pp.  73-82,  § 

•who  are  sp<cial  agents 1,  pi).  73-82,  § 

a3   to  persona   without   notice   of    limitation   of   author- 
ity   1 ,  pp.  75-82,  § 

authority  of  agent  may  be  implied 1,  ]ip.  82-84,  § 

but  is  restricted  to  character  in  which  it  is  given 1,  p.       84,  ^ 

general  agent  has  no  authority  to  do  acts  not  for  principal's 

benefit 1,  p.      84,  § 

construction  <.f  agent's  authority  when  in  writing 1,  p.       85,  § 

general  words  restricted  by  context 1,  p.       85,  § 

languige  of  instrument  will  be  construed  stric-ly . ...  1,  p.       85,  § 

and  in  favor  of  innocent  parties 1,  p.       85,  § 

usages  of  trade  will  be  reg  irde  1 1,  p.       80,  § 

what  acts   are   or  are  not  within  particular  phrases. ...  1,  p.      87,  § 

♦•  accountable  " 1,  p.      88,  § 

"all  matters  " 1,  p.       88,  § 

"  attend  to  business  " 1,  p.      88,  § 

"borrow"    1,  p.       SS,  g 

"  business  and  financial  agent " 1,  p.       88,  § 

"buy  and  sell" 1,  p.       88,  § 

"  canvass  " 1,  p.       8S,  s 

"  cash  " 1,  p.       8!t,  S 

"cost  " 1,  p.      8!),  g 

"  cite  and  appear  " 1,  p.       SO,  ?; 

"  claims  and  effects  " 1,  p.       89,  § 

"collect" 1,  pp.  S9-'J0,  § 

"deliver" 1,  p.       01,  ■? 

"deposit" 1,  p.      91,  § 

"  draw,  indorse,  and  accept   bills  " 1,  p.      02,  § 

:  "  execute  " 1,  pp.  91-02,  § 

"  g  ve  discharges  " 1,  p.      92,  § 

"  hire  " 1.  p.   92,  § 


46 
47 
48 
49 
50 
50 
51 
52 
53 
54 

53 

56 
56 
50 

56 
57 
58 

59 
60 
60 
60 
GO 
00 
Gl 
61 
Gl 
Gl 
Gl 
Gl 
61 
Gl 
Gl 
61 
Gl 
61 
62 
G2 
62 
62 
62 
62 
62 


67G0 


PRIXCIPAL  AND  AGENT. 


Principal  and  Agent— (Continued.) 

"  inilorao  " 1,  p.  92,  § 

"invest" 1,  p.  9_>,  § 

"  lauds  " 1.  p.  !(;t,  § 

"lay  out" 1,  p.  U:»,  § 

"loan" 1,  p.  m,  § 

"  ni  dio  dcuds  and  aalos  " 1,  p.  DS,  § 

"  m.inayo  " 1,  p.  94,  § 

"  m()rt;^a-o  " 1.  p.  94,  § 

"  obtain  sucuritios  " 1,  p.  ',(4,  § 

"place" 1,  p.  94,  S 

"  procure  a  purchaser  " 1,  p.  94,  § 

"  puichaso  " 1,  p.  in,  § 

"rent  and  care  for" 1,  p.  9.1,  § 

"  receive  checks  " 1,  p.  9(i,  § 

"  relea-so  " 1,  p.  9(5,  § 

"sell " 1,  pp.  90  9!),  § 

"sell  and  convey" 1,  p.  99,  § 

"sell  and  retail  " 1,  p.  99,  § 

"  settle  " 1,  p.  100,  § 

"  sliip  " 1,  p.  100,  § 

"  sijjn  name  " 1,  p.  101 .  § 

"solicit" 1,  p.  101,  § 

"sul.Hcribe" 1,  p.  101,  § 

"sue" 1,  p.  101,  § 

"take  care  of" 1,  p.  lOl,  § 

"transact" 1,  p.  102,  § 

implied  power  of  agent '. 1,  p.  102,  § 

as  to  advertising 1,  p.  li>'2,  § 

to  make  admissi  ns 1,  p.  102,  § 

to  submit  to  arbitration 1,  p.  103,  § 

to  make  assignment    1,  p.  103,  § 

for  benetit  of  creditors 4,  p.  3.584,  § 

to  sell  at  auction 1,  p.  103,  § 

to  board  at  hotel 1 ,  p.  103,  § 

to  borrow !>  p.  103,  § 

to  cancel 1,  p.  103,  § 

to  compromise 1,  p.  1C3,  § 

to  collect 1,  p.  104,  § 

to  confess  judj:;meat 1,  p.  104,  § 

to  employ  agents 1,  p.  104,  § 

to  employ  counsel 1,  p.  104,  § 

to  exchange  or  barter 1,  p.  lO-i,  § 

to  deliver 1,  p.  105,  § 

to  foreclose  mortg.ages li  p.  105,  S 

to  give  credit 1,  p.  105,  § 

to  make  guaranty 1>  p-  105,  § 


C2 
(i3 
«3 
63 
()3 
C3 
()3 
03 
03 
03 
03 
(ii 
04 
04 
04 
05 
05 
05 
06 
66 
66 
66 
66 
66 
66 
66 
67 
67 
67 
67 
67 
1985 
07 
67 
67 
67 
67 
67 
67 
OS 
68 
OS 
OS 
6S 
09 
69 


J.  § 

C2 

!.  S 

(i3 

1.  § 

03 

».  S 

63 

t,  § 

G3 

1.  § 

ti3 

t.  § 

«3 

.9 

63 

t,  § 

63 

.§ 

63 

.§ 

63 

.§ 

64 

,§ 

64 

.§ 

64 

,§ 

64 

,§ 

65 

.§ 

65 

,§ 

63 

,§ 

68 

,§ 

66 

■  § 

66 

,§ 

66 

,§ 

66 

.§ 

66 

,§ 

66 

,§ 

66 

.§ 

67 

.§ 

67 

,§ 

67 

§ 

67 

§ 

67 

§  IDSo 

§ 

67 

§ 

67 

§ 

67 

§ 

67 

S 

67 

§ 

67 

§ 

67 

§ 

63 

§ 

68 

§ 

68 

§ 

68 

§ 

68 

§ 

69 

§ 

69 

PRINCirAL  AND  AGENT.  C7C1 

Principal  and  Agent-(Contimie.l.) 

to  lii'o  a  hdise 1,  p.     IC.V  |  69 

to  iiid.rso 1,  p.     lO'i.  i  C'J 

to  leaKo 1,  p.     |. ,;,  j  (j'J 

to  receive  lu-acy 1.  p,    I  i;,  j  c/j 

to  liuetise 1.  p.     |(>«;.  j^  69 

to  niiike  loan 1,  p.     |<»i;.  |  G9 

to  make  accomnioclation  notes 1,  p.     I<^;,  i  To 

to  make  deeds 1,  pp.  |(«;.  |<»7.  $  70 

to  make  iiegntiuMe  paper 1,  |.p    luT,  1"\  §  70 

notice  to  ayent,  when  notice  to  principal 5,  p.  3-«.T{,  {  22S0 

to  mortgage 1,  p.    i  ;w.  §  70 

to  i)Iedi,'e 1.  p.     if,y,  j  70 

to  piiroliase 1.  p.    1'  f>.  j  70 

to  receive  payment 1,  pp.  HO  113,  |  71 

to  rent  store 1,  p.     1 13,  |  72 

to  rescind  contract 1,  p.     1 1 3,  |  72 

to  Bell 1,  pp.  113,  in,  j  73 

to  settle 1,  p.     Ill,  I  73 

to  become  surety 1,  p.    1 1 4,  §  73 

to  make  tendtr 1,  p.    114,  |  73 

to  transfer 1,  p.    114,  |  73 

to  make  voluntary  conveyance 1,  p.     114,  |  73 

as  to  waiver 1,  pp.  1  u,  1 15,  §  74 

to  give  warranty : 1,  pp.  115,  1 1  :,  |  74 

powers  of  agents  of  carriers 1,  p.     1 1  <»',  §  75 

agents  of  railroads 1,  pp.  117.11»,  ]  76 

12.  Duties  and  Li.iliilitieH  of  Agent  to  Pii))ci/ial. 

for  violation  of  duty  by  agent,  principal  mi.y  recover  dam- 
ages    l,p.    119,§  77 

•gent  wbo  has  become  responsible  to  principal  for  mist  >n- 
duct  of  sub-at'eiit  may  rtcov«r  from  sub-agent  what  he 

has  been  comp  llel  to  pay  principal 1,  p.    119.  J  77 

agent  must  perfoim  duties  he  has  undertaken 1,  p.    120.  §  78 

even  where  servi'-e  is  gratuitous 1,  p.    120.  §  78 

usage  governs  mode  of  executing  aj^ency 1.  p.    l^),  I  78 

agent  must  perform  his  duty  in  person 1,  p.    121,  f  79 

And  see  Delegation  of  AuTJORiTy,  8;    Principal  and 
Agent. 

agent  must  give  notice  to  principal  of  all  matters 1,  p.     121,  §  80 

must  notify  him  immediat  ly  of  receipt  of  money. ...  1,  p.     r2'_',  §  80 

knowledge  of  agent  is  knowledge  of  principal 1,  p.    122,  §  80 

agent  must  obey  orders  and  instructions  of  principal. . .  1,  p.    122,  J  81 

disregard  of  instructions     annot  be  excused  on  ground  of 

usage 1.  p.    122,5  81 

if  agent  disobeys  orders  he  is    liable  to  principal,    even 

though  he  acta  in  good  faith 1,  p.    122,8  81 


6762 


rniNCIPAL  AND  AGENT. 


Principal  and  Agent— (Continued.) 

or  his  (leviatiuu  waa  advantageous  to  principal 1,  p. 

or  he  intended  to  benefit  his  principal It  p- 

if,  in  violating  his  instructions,  he  obtains  profit,  it  belongs 

to  principal It  P- 

violation  by  an  agent  of  positive  instructions  of  princip  il  is 

gross  negligence,  and  renders  him  liable 1,  p. 

agent  not  required  to  perform  an  immoral  or  illegal  act.  1,  p. 

but  agent  sued  by  his  principal  for  profits  or  money  paid  to 

him  cannot  set  up  that  transaction  was  illegal. .  .  1,  p. 

deviation   from  or  failure  to  carry   out  orders,  caused  by 

necessity  or  extraordinary  emergency,  justifiable.!,  p. 

ftgent  not  responsible  when  instructions  are  ambiguous  or 

doubtful It  P- 

slight  or  unimportant  deviation  from  instructions  not  re- 
garded   1,  p. 

liability  of  agent  for  neglect  in  presenting  bill  or  note  for 

payment 4,  p. 

agent  a  trustee,  and  must  act  in  good  faith It  P- 

must  not  have  conflicting  interests  with  principal. 1,  p. 

purchases  made  by  agent  belong  to  principal 1,  p. 

agent  must  use  skill  and  diligence;  liable  for  negligence  1,  p. 

reasonable  skill  and  diligence  defined 1,  p. 

agent  never  permitted  to  profit  by  his  negligence  towards 

principal 1,   p. 

for  mere  errors  of  judgment  agent  not  responsible. ...  1,  p. 
principal  knowingly  employing  an  incompetent  agent  es- 
topped    1,  p. 

agent  liable  for  negligence  in  appointing  deputies 1,  p. 

but  not  liable  for  their  negligent  acts 1,  p. 

liability  for  neglect  of  sub-agent 1,  p. 

all  profits  belong  to  pnncipal 1,  p.  129,  §  85;  1,  p. 

but  by  contract  profits  may  belong  to  principal 1,  p. 

or  principal  may  ratify  agent's  act 1.  p. 

losses  must  be  borne  by  principal 1,  p. 

agent  not  liable  for  principal's  money  deposited  by  him  in 

bank  which  becomes  insolvent 1,  p. 

agent  not  liable  for  money  lost  in  transit  to  principal.  1,  p. 

unless  he  remits  it  in  unauthorized  mode 1,  p. 

duty  of  agent  to  keep  regular  accounts 1,  p. 

and  to  account  to  principal  for  money  reserved 1,  p. 

failure  to  keep  accounts  a  defense  to  action  for  salary.  1,  p. 
demand  by  principal  necessary  before  bringing  suit. .  1,  p. 

agent  liable  for  interest  on  money  in  his  hands 1,  p. 

agent  only  liable  to  account  to  principal 1,  p. 

agent  cannot  disjtute  principal's  title 1,  p. 

cannot  interplead  with  principal  and  third  party 1,  p. 


122,  § 

81 

122,  § 

81 

122,  § 

81 

122,  § 

81 

123,  § 

81 

123,  § 

81 

123,  § 

61 

123,  § 

81 

124,  § 

81 

2650,  §  1514 

126,  § 

82 

126,  § 

82 

127,  § 

82 

127,  § 

83 

128,  § 

83 

128,  § 

83 

12i.  § 

83 

128,  § 

83 

129,  § 

84 

129,  § 

84 

129,  § 

84 

13.5,  § 

92 

120,  § 

85 

129,  § 

8.5 

130,  § 

86 

131,  § 

87 

131,  § 

88 

131,  § 

88 

132,  § 

89 

132,  § 

89 

132,  § 

89 

132,  § 

8'J 

132,  § 

89 

133,  § 

89 

133,  § 

90 

134,  § 

90 

PRdCIPAL  AND  AGENT. 


67G3 


83 
S3 


§  89 

§  89 

§  89 

§  90 

§  90 


Principal  and  Agent— (Continued.) 

agent  must  not  mix  his  property  with  that  of  principal.  1,  p.     134,  §      91 

agent  not  allowed  to  -.lurchase  property  of  principal 1,  p.     137,  §      93 

where  employed  to  purchase  for  principal,  cannot  purchase 

for  himself 1,  p.  133.  §  93;  4,  p.  342G,  §  2013 

cannot  purchase  his  own  property  for  his  principal....!,  p.    13S,  §      93 
a-^ent  employed  to  purchase  not  perniittud  to  sell  to  princi- 
pal for  hii^her  price  than  he  paid  himself 1,  p.     138,  §      93 

a^ent  cannot   become  purchaser  of   property  he  is  employed 

"        tosell l.P-     !"«.§      93 

nor  can  he  sell  to  a  firm  of  which  he  is  a  member 1,  p.    13  •,  §      93 

nor  to  third  porsou  for  benefit  of  that  puison  and  hinLself 

jointly 1- P-    1^'^'9      9-* 

a^ent  in  charge  of  real  estate  cannot  acquire  tax  title  tlieieto 

adverse  to  principal 1.  P-     1"^^>  §      ^^ 

Buch  purchases  voidable,  not  void;  good  as  between  thiid 

parties   1.  P-     l'"^.  §      ^3 

principal  may  ratify  such  transactions 1,  p.     139,  §      93 

agent  may   purchase  principal's   property  when  princii)al  is 

fully  advised,  and  there  is  no  fraud 1,  p.     139,  §      93 

burden  of  proof  on  agent  to  show  fairness 1,  p.     1 39,  §      93 

agent  selling  at  auction  may   bid  for  third  person 1,  p.     140,  §      93 

after  agency  ended,  agent  may  purchase 1,  p.     140,  §      93 

name  person  cannot  be  agent  for  both  parties 1,  p.     141,  §      94 

nor  can  he  earn  and  receive  compensation  from  both . .  1,  p.     142,  §      94 

but  valid  where  it  is  with  purchaser's  consent 1,  p.    1-1-2,  §      94 

or  is  according  to  the  usage  of  trade 1,  p.     1^2,  §      94 

person  who  voluntarily  employs  agent  of  another  cannot  take 

advantage  of  rule  forbidding  double  agencies 1,  p.    143,  §      94 

nor  can  agent  set  it  up  for  the  purpose  of  shielding  himself 

from  liability  to  one  of  the  parties 1,  p.    143,  §      94 

13.  Duties  aitd  Liabilities  of  Principril  to  Aijent. 

ag3nt  entitled  to  compensation  from  principal 1,  p.     l41.  §      95 

unless  he  is  gratuitous  agent 1.  P-    1^4,  §      95 

or  there  is  an  understanding  that  no  compensation  is  to  be 

asked ...1,  p.     145,§      95 

agent  without  authority  whose  acts  are  ratified   entitled  to 

compensation 1'  P-    l'*^'  §      ^^ 

that  principal  recognizes  sub-agent  and  accepts  his  services 

does  not  prove  agreement  to  pay  for  his  services  1,  p.     147,  §      95 
a-^ent  agreeing  not  to  charge  commibsions  cannot   recover 

fo°r8ervices • L  P-    I'i^,  §    95 

agent  agreeing  to  leave  amount  of  compensation  to  prin- 
cipal's   discretion    or    generosity,     cannot    recover 

more '^^an  principal  chooses  to  allow  him 1,  p.     1  i  >,  §      95 

usage  and  custom  aa  regulating  amount  of  commissions  or 

compensation 1>  P-    143,  §    95 


67G4 


PRINCIPAL  AND  AGENT. 


Principal  and  Agent— (Continued.) 

on  a;,'reeiaent  for  reasonable  compensation,  to  be  fixed 
by   euiployer,    he  may  aue  if    employer  refuses  or 

n.  gleets  to  fix  it 1,  p.    143,  §    95 

where  principal  confers  additional  powers  which  involve 
greater  duties,  with  no  stipulation  for  additional  com- 
pensation, agent  cannot  recover  for  additional  serv- 
ice  1,  p.    148,  §    95 

one  employed  to  find  customer  at  certain  price  entitled  to 
commission,  although  principal  sell  to  customer  found 

at  lower  price 1,  p.    147,  §    93 

iu  absence  of  contract,  the  court  in  fixing  compensation  of 
agent  will  regard  extraordinary  services  and  personal 
sacrifices  of  agent,  as  well  as  benefits  received   by 

principal 1.  p.     149,  §      95 

agent  authorized  to  draw  upon  his  employer  for  expenses, 
may  maintain  action  against  employer  for  maliciously 

refusing  to  honor  drafts  drawn  accordingly 1,  p.     149,  §      95 

agent  cannot  recover  compensation  where  service  was  ille- 
gal  1,  p.    151,§      96 

or  where  he  has  bten  guilty  of  gross  negligence  or  unfaith- 
fulness  1,  p.    151,  §     96 

or  where  neglects  to  keep  accounts 1,  p.    l^")!,  §      96 

or  where  he  violates  his  instructii)ns 1,  p.    151,  §      96 

agent  entitled  to  reimbursement  from  principal  for  ex- 
penses   1,  p.    152,  9      97 

liability  of  principal  extends  to  liabilities  as  well  as  losses.  1,  p.    152,  §      97 
agent  entitled  to  charge  for  expenses  may  recover  fair  worth 

of  board,  though  he  actually  paid  nothing 1,  p.    153,  §      97 

not  entitled  to  reimbursement  for  expenses  made  without 

cause 1,  p.    156,  §      98 

or  in  excess  of  authority  or  instructions 1,  p.    156,  §      98 

or  where  his  authority  has  been  revoked 1,  ?•     156.  §      93 

or  where  agent  has  been  negligent 1,  p.     156,  §      98 

14.  Duties  ami  Liabilities  of  Agents  and  Principils  to  Third  Persons. 

agent  must  execute  authority  in  name  of  principal 1,  p.    l.')7,  §      99 

rule  as  to  instruments  under  seal 1.  p.    137,  §    100 

no  exact  form  of  words  essential 1,  p.    153,  §    100 

as  to  instruments  not  under  seal,  principal  may  be  bound, 

though  agent's  name   only  is  used 1,  p.  161,  §  101-102 

negotiable    paper;  principal   bound,  though   agent's  name 

used 1,  p.     161,  §    102 

when  agent  personally  bound;  descrlptio  personis 1,  p     105,  §    10.3 

agent  not  per-onally  liable  on  contract  made  in  principal's 

name 1,  p.    1C3,  §    104 

where  one  contracts  with  agpnt  of  known  principal,  princi- 
pal and  not  agent  is  liable 1,  p.     163,  §    104 


nmrsaesfiaw 


IGS,  § 

104 

ics,  § 

104 

ICO,  § 

104 

170,  § 

10.-, 

171,  § 

lOQ 

172.  § 

107 

173.  § 

107 

PRIXCIP-VL  AND  AGENT.  G7G5 

Principal  and  Ag3nt- (Continued.) 

uiik'ss  vuiulor  ,-()ltl  uj)on  cru.lit  of  agent  alone 1,  p. 

where  agent  docs  nut  disclo.se  liia  character  or  jjrincipal,  but 
other  party  knows  Loth,  ngent  not  Luund   by   eon- 

ti-aet 1,  p. 

contract  void  uhen  not  binding  npon  iirineipal  for  want  of 
authority  ia  agent,  and  not  binding  on  ivent  for  want 

of  apt  words 1   p_ 

ag-nt  of  forei-n  priiiciii:il  not  liable  per  se  (ui  contract.  .1,  p. 

agent  of  irresponsible  principal  personally  liable 1,  p. 

agent  personally  liable  where  pri.eipal  not  disch)sed. . .  1,  p. 
duty  of  agent  to  disclose  hU  agency  to  avoid  Lability. .  1,  p. 
agent  liable  though  party  knows  he  is  only  agent,  if  he  does 

not  know  who  is  principal 1,  p.    173^  §    \^~ 

party    on    discovering  principal  may   resort  to  him  or  to 

agent  at  his  election 1,  p. 

al'iter  if  the  relations  of  the  parties  have  been  altered.  1,  p. 

or  he  has  been  guilty'  of  laches 1^  p. 

or  knowing  the  facts,  he  electa  to  hold  agent 1,  p. 

•whsre  vendor  knows  principal  but  gives  credit  to  agent,  he 

cannot  hold  former In 

but  actual  knowledge  essential;  mere  means  of  knowledge 

not  sufficient X   p. 

not  sufficient  that  seller  knew  buyer  was  agent,  if  he  did 

not  know  who  principal  was 1,  p. 

usages  of  trade  as  to  liability  of  principal  admissible  ...  1,  p. 

agent  may  bind  himself  personally  ou  contracts 1,  p. 

as  by  express  warranty  that  a  note  of  principal  is  genu- 
ine.  1,  p. 

or  by  failure  to  disclose  that  he  is  acting  as  agent. . .  .1,  p. 
agent  receiving  freight  consigned  to  him  personally  liable  for 

the  charges 1,  p. 

Rgent  pa3  ing  over  money  after  notice  personally  liable.  .1,  p. 

liability  of  agent  acting  without  authority 1,  p. 

agent  personally  liable  on  the  contract 1,  p. 

liable  also  on  implied  warranty  of  authority 1,  p. 

not  liable  when  he  boiiijl  In  believed  ha  had  authority .  1,  p. 

where  authority  of  agent  has  been  revoked  by  death  of  his 

principal,  unknown  to  both  parties,  agent  not  lia- 

^^^ l,p.    1S2,§    110 

to  render  ag^nt  liable,  unautliorizcd  contract  must  have 
been  such  as  could  have  been  enforced  against  the 

principal 1,  p.    1S2,  §    110 

where  he  acts  under  public  st  itute,  person  held  to  knowl- 
edge of  the  powers  it  confer.^ 1,  p,     1S2,  §    HO 

if  principal  is  liable  notwithstanding  agent's  want  of  author- 
ity, no  .action  will  lie  against  agent 1,  p,    1S3,  §    110 

Laweon  R.  &  It. -471. 


17.3,  § 

107 

174,  § 

107 

174,  § 

107 

174,  § 

107 

174,  § 

107 

174,  § 

107 

174,  § 

107 

175,  § 

107 

17G,  § 

lOS 

176,  § 

108 

17G,  § 

108 

178,  § 

108 

170,  § 

1C9 

ISO.  § 

110 

180,  § 

110 

180,  § 

110 

IS-',  § 

110 

6766 


PRINCIPAL  AND  AGENT. 


S3.§    110 
90,  §    113 


S4, 
SI, 


§ 


111 
111 


SI,  §    111 


S4.§ 

111 

So,  § 

112 

sr..  § 

112 

So,  § 

112 

SG.  § 

112 

SG,§ 

112 

87,  §    112 


Principal  and  Agent— (Continued.) 

one  inducing  agent  to  exceed  bis  authority  cannot  hold  him 

liable 1,  p. 

liability  of  prineiiial  on  agent's  contracts 

1,  p.  1G3-170,  §  104;  1,  p. 
agent  is  not  personally  liable  for  tort  committed  in  dis- 
charge of  his  duties 1,  p> 

but  is  liable  to  jirincipal  for  the  damages  sustained. .  1,  p. 

agent  not  personally  liable  for  negligunco  or  misfeasance  of 

those  whom  he  has  retained  fur  service  of  principal  by 

his  consent  or  authority 1,  p. 

alUer  where  the  partimdar  acts  are  done  by  orders  or  di- 
rections of  agent 1,  p. 

exceptions:  cases  where  agent  is  liable  for  the  injury.l,  p. 
where  agent  is  invested  with  authorii,y  to  act  in  the  matter 

according  to  his  discretion 1,  p, 

where  the  agent's  act  is  one  of  nei^ligent  commission.  1,  p. 

where  he  acts  willfully  or  maliciously 1,  p. 

where  he  acts  fraudulently 1,  p. 

agent  doing  illegal  act  cannot  defend  by  showing  what  he 
did  was  in  accordance  with  orders  of  principal,  or 

solely  for  his  principal 1,  p. 

principal  liable  for  frauds  and  deceits  of  agent  in  course  of 

his  agency 1,  p. 

principal  bound  by  false  representations  of  agent 1,  p. 

principal  liable  for  negligence  of  iigeut !>  p. 

15.  Dutlts  and  Liabilities  of  Third  Persons  to  Principals  and  Ayen 

principal  has  right  to  enforce  agent's  contracts 1,  p. 

such  right  not  afTected  by  fact  that  agent  also  is  entitled  to 

sue 1,  p. 

or  that  principal  was  unknown  or  undisclosed  when  con- 
tract was  made 1,  p. 

or  that  agent  acts  under  commission  del  credere 1,  p. 

but  right  is  subject  to  the  frauds,  concealments  or  misrep- 
resentations of  agent 1,  p. 

and  right  is  subject  to  all  equities  and  rights  of  which  other 
party  might  avail  himself  as  against  the  agent. .  .1,  p. 

rale  as  to  contracts  under  seal 1,  p. 

where  exclusive  credit  is  given  to  and   by  agent,  princi[}al 

cannot  take  advantage  of  it 1,  p. 

principal  may  recover  money  wrongfully  paid  by  agent..  1,  p. 

may  sue  for  torts  to  his  property  in  agent's  hiuuls 1,  p. 

agent  cannot  sue  on  contract  made  by  him  us  agent. ...  1,  p. 

exceptions:  when  agent  may  sue 1,  pp.  201 

agent's  right  to  sue  controllable  by  principal 1,  p. 

where  agent  sues  in  own  name,  defendant  has   same   de- 
fenses as  if  suit  had  been  brought  by  principal.  ..1,  p.    203,  §    124 


91, 

91. 

92, 

s, 

W. 

96 

9G. 
9G, 


114 
114 
114 

116 

116 

116 
116 


97,  §    117 


19?,  § 

lis 

199,  § 

119 

199,  § 

120 

l'.)9,  § 

121 

200,  § 

122 

200,  § 

123 

204.  § 

124 

204,  § 

125 

rRINCIP.'L  AND  AGENT — PR0TIS03.  6767 

Principal  and  Agent— (Continued.) 

ayeut  having  si)ucial  or  temporary  propertr,  nath  right  to 
possession,  may  maiutaia  trespass,  trover   or  conver- 

sio» 1,  p.    203,  §    124 

liability  of  principal  for  libel  published  by  agent 3,  p.  2194,  §  1237 

trover  Jius  against  agent  for  conversion,  when 7,  p.  5G93,  §  3G70 

Private  Acts. 

private  act,  what  are  construction  and  eflect  of 7,  p.  5922,  §  3772 

Private  and  Confidential. 

Btatiug  that  communication  is  made  confidentjally,  or  mark- 
ing letter  "private  and  coufiJential,"  does  not  make 

it  privileged 3,  p.  2323,  §1293 

Privies.      See  Waters  and  Watkk-coukses,  6. 

when  a  nuisance 6,  p.  4SC3,  §  29D3 

Privileged  Communications. 

See  Evidence,  £;  Slanijkii  and  Luel,  4. 
Prize  Fight. 

party  may  recover  for  an  assault  and  battery,  although  ho 

and  his  adversary  fought  by  mutu.al  consent 3,  p.  1809,  §  1054 

Probate  Court. 

See  Executors  and  Administrators,  4;  Jcdicial  Sales; 

Wills. 
probate  guardianship;  jurisdiction  of  courts  of  probate  to  ap. 

point  guardians 2,  p.  1533,  §   848 

Process. 

See  Costs  and  Fees;  Pleading  and  Practice;  SHrsinsj 

TRE-iPASS. 

person  by  false  representations  that  he  is  qualified  to  servo 
legal  process,  inducing  another  to  commit  writ  to  him 
for  service,  not  liable  to  action  for  neglecting  to  serve 

it 3,  p.  1716,  §1012 

Profits  a  Prendre. 

easements  distinguished  from  profits  a  prendre Q,  p.  4524  &  2773 

Promissory  Note. 

See  Negotiable  iNSXKCMENTa, 
Promoters. 

corporations  not  liable  for  acts  of  promoters 1»  p.    681,  §   407 

ratilication  by  corporation  of  acts  of 1»  P»      3S»  §     33 

Property. 

See  Pi  RsoNAL  Peoperty;  Real  Property. 
Prostitute. 

See  Immorality. 
Protest. 

of  bills  and  notes,  see  Negotiable  Instrttme-nts,  QL 

See  Payment,  3. 
Provi:08. 

provisos  in  statutes,  construction  and  eCTcct  of 7,  p.  5921,  §  3770 


67G8   PROXIMATE  AND  REMOTE  CAUSE — rUBLIC  GRANTS. 


% 


Proximate  and  Hsmote  Cautro. 

person  liable  only  for  prnximatc  and  not  remote  effect  of  liis 
nets 3,  p.  1740,  g  lO'JS;  3,  p.  174S,  §  lOIX);  J,  p. 

not  liable  for  cd'ects  of  intervening'  c.iiisc-3 3,  p. 

ouo  ucgli;;cntly  starting  tiro  only  liable  for  all  damage  it  dues 
in  its  travel,  provided  iio  unexj  ectcd  and  unusnal 
agiiicy  intervenes 3,  p. 

whether  damages  are  proximate  or  spccniative  and  remote, 
question  for  jury 3,  p. 

Tinder  statnte  giving  action  for  sale  of  intoxicating  liquors, 
sale  must  bo  natural  and  immediate  cause  of 
injury 3,  p. 

external  injuries  received  while  drunk  not  proximate  result 
of  sale 3,  p. 

what  are  not  approximate  result 3,  p. 

wife  falling  on  slippery  sidewalk  vLile  following  her  in- 
toxicated husband 3,  p. 

dei               -ing  from  assault  conmiittcd  upon  husband  for 
'i  '     anguage  while  intoxicated 3,  p. 

action  li«b  i  ,r  direct  injuries  done  by  intoxicated  person. .3,  i>. 

suicide     deemed     att.     utable    to     sale    of     intoxicating 

Iiqun<-s S,  p. 

Proxy. 

voting  by  proxy  when  aiiowed 1,  p. 

Public  Administrators. 

See  Executors   and    Administrators,  2;   Officer  and 
Offices. 
Publication. 

See  ArrACiiMEXT,  1;  Pleading  andPracticej  Slander  anb 
Libel. 
Public  Agucts. 

Sj3  also  OFFrcES  and  Offickrs. 

majority  of  public  boards  may  act 1,  p. 

Public  Grants. 

See  Land  Warrants;  Pre  emption. 

m.iy  ba  by  statute  or  by  treaty 0,  p. 

take  effect  from  date 6,  p. 

are  evidenced  by  patent 0,  p. 

couclusivcness  of  patent;  cannot  be  impeached  collat- 
erally   6,  p. 

when  patent  not  conclusive  evidence  of  title 6,  p. 

equity  has  power  to  reform  or  correct  patents,  or  t )  cancel 
them 6,  p. 

BO  one  who  receives  patent  to  which  another  entitled,  trus- 
tee for  latter 0>  P- 

until  patent  issued  grant  has  nu  complete  title 6,  p. 

construction  of  public  grant 5,  p.  SS3S,  §  *J-S3;  6,  p. 


2inS,  §  1198 
17-43,  §  U)-20 


17^2,  §  1031 
175G,  §  1032 

19G3,  §  1137 

inC3,  §1137 
19G4,  §  1137 

10C4,  §  1137 

1964,  §  1137 
1UG4,  §  1137 

19G4,  §  1137 

793,  §  480 


24,  §  22 


4393,  §  2GnS 
439:5,  §  2G93 
4303,  §  2G96 

4394,  §  2G9G 
439j,  §  2G93 

4395,  §  2G98 

4393,  g  2696 

4396,  §  2U9G 
3S3S,  §  2JS4 


PUBLIC  GRANTS — QUO  WARRANTO.  67G9 

Public  Grants -(Continued.) 

Bt.itu  hv.vd  do  not  affuot  fe  leral  public  lands 6.  p.  4^97,  §  2C9G 

accnptaiue  of  pitoiit  essential;  aojeptaiice  presumed. .  .6,  p.  4;)97,  §  '2G0G 

delivery  of  pvteut  not  e.sential 6,  p.  4oU7    §  2GUC 

patent     iisued     under    unconstitutional    law    void  on   its 

f'ce 6,  p.  4401,  §2G9ii 

pat3nt  from  goveruoient  need  uot  bo  delivered 5,  p.  3S14,  §  2270 

Public  Injury. 
Sjc  T(>iiT.-(. 

no  eivil  action  for  common  or  public  nui«ianco3 6,  p.  483."),  §  21)7;, 

al:ii-r  where  plaiutiff  suffers  a  special  injury 6,  p.  4S30,  S  297 1 

Public  Offloars. 

Sjc  Ofkic.;.s  axd  Officer<i. 

attoruey-at-law  is  not  a  "  public  officer  " 1,  p.    203,  §    126 

Public  Policy. 

."jj  Cj.n'tuact.s;  Illegality, 

Puflfjrs. 

See  Auction.^,  4. 

for  trader  to  p.iff  up  his  own  goods  and  decry  those  of  rival, 

no  libel 3,  p.  22S7,  §  1276 

Punctuation. 

See  DiiiiDs  and  Contuact.s,  4. 

punctuation  of  statutes  may  be  disregarded 7,  p.  5928,  §  3773 

Purchase. 

implied  power  of  agent  to  purchase 1,  p.    109,  §      70 

implied  power  of  attorney  to  purchase 1,  p.    290,  §    173 

construct  on  of  "  purchase  "  in  authority  to  agent 1,  p.      94,  §      G4 

Quantum  Meruit. 

See  Ma.stkr  axd  Servant,  1. 

not  recoverable  where  special  contract  has  been  made. .  1,  p.    345,  §    21  6 

attorney's  fees  recoverable  on 1^  p.    32,3  §    id; 

measure  and  basis  of  compensation 1,  p.    324   §    19S 

where  attorney  dies  before  the  cause  determined,  adminis- 
trator may  recover  quantum  meruit 1,  p.    350,  §    209 

no  implied  promise  to  pay  president  of  bank  for  official  serv- 
ices, n  )r  can  ho  recover  pay  upon  (quantum  meruit.2,  p.    903,  §    522 

Quitclaim  Deeds. 
See  Dked.s,  1. 

Quo  Warranto. 

writ  of,  dstiiie  1;  is  a  writ  of  ri:^ht 7,  p.  G339,  §  4038 

ancient  writ  succeeded  by  information  in  nature  of 7,  p.  0339,  §  4038 

is  not  a  private  but  a  public  prosecution 7,  p.  6340,  §  4033 

lies  to  determine  right  to  corporate  franchise 7,  p.  6310,  §  4039 

to  test  constitutionality  of  corporate  franchise 7,  p.  6340,  §  4039 

to  try  title  to  public  office ,..,7,  p.  6341,  §  4040 

proper  mode  of  questioning  the  official  authority  of  person 

exercising  judicial  functions 7,  p.  CD12,  §  3318 


■ 


6770 


QUO  WARRANTO— RAILROADS. 


Quo  Warranto— (Continued.) 

in  what  cases  will  writ  not  iasuo 7,  p.  C343,  §  4041 

who  may  have  writ 7,  p.  ()3I4,  §  4042 

lo.ive  of  court  to  file  information,  liow  obtained 7,  i).  C.'54(!,  §  4t)43 

pleading  anil  praotic  ton  iufonuatiou  for,  by  plaintiff. .  .7,  p.  G"317,  §  401i 

by  defuiulaut 7,  p.  G349,  §4:45 

form  of  judgment 7,  p.  G3r)0,  S  4046 

effect  of  judj^iuent  of  ouster 7,  p.  03,10,  §  4046 

costs  follow  jud^jmout  of  ouster  in  quo  warranto,  •wheu.7,  p.  0351,  §  4J46 
Race. 

race  as  an  impediment  to  marriago 2,  p.  1237,  §    705 

Bailroads. 

03  to  powers  and  liabilities  of  railroad  corporations  generally, 
see  Cour-ORATiON.s;  as  to  railroad  companies  as  car- 
riers <f  goods  and  passengers,  see  Common  Carkieks; 
as  to  their  liability  for  negligence,  see  Negligence; 
Animals;  Fire;  as  to  taking  property  by  and  the 
public  regulation  of  railroads,  see  Eminent  Domain. 
Bee  also  Constitutional  Law,  8;  Waters  and  Water- 
courses, 5. 

1.  Status,  Organization  and  Construction, 

2.  Powers  and  Ricuts. 

3.  Street  Railroads. 

4.  Dissolution  of  Corporation. 

5.  Remedies. 

6.  Injuries  TO  Employees. 

1.  Status,  Organizatiun  and  Constriictton, 

railroad  a  private  corporation  as  to  stnclvholders 2,  p.    971,  §    533 

but  a  public  one  as  to  its  duties  and  obligations 2,  p.    971,  §    53S 

state  may  aid  construction  of  railroad 2,  p.    971,  §    53S 

state  may  regulate  the  running  of  railroad 2,  p.    971,  §    533 

franchise  of  railroad;  what  included  in 2,  p.     972,  §    539 

may  be  granted  to  individual 2,  p.    97-',  §    53!) 

charter  cannot  be  attacked  collaterally  for  bad  faith  in  ob- 
taining it 2,  p.    972,  §    533 

railroad  charters  are  strictly  con-itrued 2,  p.    972,  §    510 

legislative  grant  of  authority  to    "extead"  a  road  con- 
strued  2,  p.    973,  §    510 

grant  to  railroad  not  exclusive  unless  so  expressed 2,  p.    973,  §    541 

monopolies  not  prohibited  by  constitution,  legislature  may 

grant  exclusive  privileges  to  a  railroad 2,  p.    973,  §    541 

franchise  in  railroad  cannot  be  sold  or  assigned  without  leg- 
islative authority 2,  p.    973,  §    542 

not  subject  to  levy  and  sale  under  execution 2,  p.    974,  §    542 

assignment  of  franchise  can  only  be  que3ti'.>ned  by  state. 2,  p.    974,  §    542 
franchise  of  railroad  an  incorporeal  hereditament,  not  in- 
cluded within  term  "  lands  or  tenements  " 2,  p.    974,  §    542 


■i 


§ 

612 

§ 

C42 

§ 

543 

§ 

544 

§ 

544 

§ 

544 

§ 

544 

§ 

544 

§ 

544 

§ 

544 

§ 

645 

RAILROADS.  6771 

Railroads— (Continued.) 

cannot  free  itself  from  liability  for  negligence  hy  lease ...  2,  p.    974, 

unlawful  detainer  does  not  lie  to  recover  a  part  of  rail- 
road   2,1).    974, 

duration  of  franchise  is  fixed  by  constitution  or  by  terms  of 

t''eg>-ant 2,  p.    974, 

railrcad  legally  constructed  cannot  be  adjudged  a  nuis- 
ance   2,  p.    974, 

for  blowin;?  wh'stles  at  crossing 2,  p.    974, 

obstruction  of  public  crossing  by  railroad  a  nuisance. .  .2,  p.    974, 

railroad  exceeding  authority  in  constructing  road  a  nuis- 
ance   2,  p.    974, 

as  where  it  builds  in  place  not  authorized 2,  p.    975, 

or  carries  on  business  in  unauthorized  way 2,  p.    975, 

failure  to  whistle  at  crossings  a  nuisance 2,  p.  975  n, 

location  of  road;  powers  of  railroad  in 2,  p.    975, 

railroad  cannot  construct  its  road  along  shore  of  tide-water 
below  high-water  mark  without  specific  grant  from 
etate.... 2,  p.    978,  §    643 

leasing  of  part  of  railroad  between  two  points  not  compli- 
ance with  contract  to  construct  road  between  said 
points 2,p.    978,§    645 

contract  by  railway  to  locate  depots  at  a  particular  point, 

and  no  other,  in  town,  against  public  policy 2    p.    97S,  §    545 

after  once  locate  1,  railroad  has  no  power  to  chanfTe  route 

without  consent  of  state 2,  p.    979,  §    540 

power  to  "maintain"  railroad  does  not  imply  power  to 

change  location 2,  p.    9S0,  §    646 

power  to  change  "location"  or  "route"  does  not  include 

power  to  change  termini 2,  p.    930,  §    546 

words  of  permission  in  charter  do  not  make  it  obligatory  on 

company  to  construct  road 2,  p.    980,  §    547 

railroad  authorized  to  build  railroad  no  power  to  contract 
with  individual  to  construct  railroad  on  their  route 
forhisownuse 2,  p.    9S0,  §    547 

agreement  by  railroad  not  to  build  portion  of  line  at  instance 

of  competing  line  void 2,  p.    9S0,  §    547 

railroad  not  liable  for  damages  by  contractor's  train  passiuT 

over  portion  of  road  not  accepted  by  company. . .  2,  p.    980,  §    547 

rolling  stock  of  railroad,  cars  and  locomotives  are  personal 

property 3,  p.  2445,  §  1353 

2.  Powers  ami  lUi/hts. 

power  of  railroads  to  make  contracts 2,  p.    981,  §    548 

to  purchase  other  or  competing  road 2,  p.    93 1 ,  §    548 

to  mortgage  future  earnings 2,  p.    981,  §    548 

to  contract  for   transportation  of  freight  for  fixed  rate 

Percar 2,  p.    931,  §    648 


6772  BAILROADS. 

Bailroada— (Continued.) 

uo  autlioiity  to  guarantee  exponso  of  musical  festival. .  .3,  p.    9S1,  §    /548 

uorti)  niort^^aye  its  fiaiichiso 2,  p.    <J81,  S    ■'54S 

nor  to  accjuiiu  lands  for  ajjouulation 2,  p.    982,  §    548 

nor  to  dual  in  notes  and  bills  of  excliaiif,'o 2,  p.    OSi,  §    548 

railroad  oaiinot  luasc  ro.vd  with jut  oouscat  of  legislature. 2,  i>.    9SJ,  §    519 

le^islativj  authority  to  lease  road  construed 2,  p.    962,  §   549 

railroad  company  loasin'^  road,  even  liy  consent  of  Ic^'isia- 

ture,  does  iiotescape  responsihility  to  public. . .  .2,  p.    9S3,  §    549 

Icsaec,  under  lease  authorized  by  statutj,  ni.iy,  in  roipuut  to 
traiiic  on  road,  be  held  to  liability  imposed  ou  coin- 
p.any  leasinj,' 2,  p.    983,  §    519 

cannot  dispute  liability  on  ground  that  lease  is  void.. .  .2,  p.    9S.'<,  §    549 

lessor  is  not  reai)onsible  for  the  toita  of   lessee 2,  p.    983,  §    549 

otherwise  if  it  continues,  notwithstanding^  lease,  to  op- 
crate  road,  or  allows  it  to  be  operated  iu  its  cor- 
porate name 2,  p.    983,  §    549 

lessee  bound  by  all  prohibitions  and  limitations  contained 
in  charter  of  company  leasini;,  as  well  as  entitled  to 
all  its  rights  and  fraucliises 2,  p.    983,  §    549 

does  not  take  i)roperty  and  franohise  subject  to  existing  lia- 

bil'ty  for  injury  caused  by  negligenee  prior  to  lease.  2,  p.    983,  §    549 

power  of  city  as  to  use  of  streets  by  railroads 7,  p.  G273,  §  4002 

as  to  use  of  streets  by  horse  railroads 7,  p.  6275,  §  40!}3 

railroads  are  commou  carriers 4,  p.  3D82,  §  17il2 

implied  powers  of  servants  of  railroads 1,  p.    117,  §      7(> 

liability  of  railroads  for  nets  of  servants  and  agents. . .  .2,  p.    990,  §    550 

railroad  may  be  compelled  to  furnisli  and  maintain  stations 
for  passengers  and  freight  at  all  proper  points  on  the 
line 4,  p.  3264  n,  §  1912 

duty  to  fence  and  liability  for  injuries  to  cattle  is  upon  the 

company  operating  road,  though  not  a  lessee. . .  .2,  p.    983,  §    549 

lessor  liable  for  injuries  by  tire  by  railroad  leased 2,  p.    984,  §    549 

digest  of  statutes  regulating  leasing  of   roads  by  railroad 

companies 2,  p.    984,  §    549 

power  to  acipiire  land  for  purposes  of  road  by  contract  with 

the  owner 2,  p.    991,  §    551 

railroad  may  coi»'pcl  specific  performance  of  a  contract  to 

convey  land  for  right  of  way 2,  p.    991,  §    551 

verbal  contract  by  owner  of  lands  sulFioient 2,  p.    991,  §    651 

and  will  bar  recovery  for  use  of  land  until  consent  is  re- 
voked  2,  p.    991,  §    551 

owner  allowing  company  to  take  possession  of  lands,  estojjped 

to  take  advantage  of  irregularities 2,  p.    991,  §    551 

contract  to  convey  land  ou  condition  that  it  will  locate  road 
in  certain  way  or  build  depot  at  certain  place, 
vaUd 2,  p.    991,§   551 


551 


ILVILR0AD3.  6773 

Railroad8~(Continue(l. ) 

lauds  Jeeik-il  to  railroad  i^rcsumcd  to  bo  for  railroad  pnr- 

poaes 3,  ,,.  <102,  §  5.'l 

public  griiits  of  laiidi  to  railroMdi  strictly  coiiitiuud 2,  p.  ();»•_',  §  5.')2 

wliat  w  ill  puss  as  jiart  of  grant 3,  p.  i)'J'2,  i  5j2 

laud  granted  i.y  c 'n;;res3  to  railroad  subject  to   contrnl  of 

state  It-islature 3.  p.  993,  §  5";2 

land  grantfd  by  congress  to  railroad   not  aubjoct  to  stato 

taxation,  wlieu 3,  p.  001,  §  5.")2 

m  m^lamiii  will  not  lie  to  compel  r.iilroa.l  to  build  its  road. 2,  p.  0:t:],  §  .V)2 

railroad  can  aciiuiro  lands  by  dedication,  when 3.  p.  'Ml,  §  ;"j'{ 

mere  oceu[ancy  by  railroad,  not  .sullicieiit 3,  p.  '.>'.).?,  §  5"<3 

stitui  of  nils,  ties,  ct.;.,  where  company  a  tiosiia.so  r.  .3,  p.  9'.)l,  §  5J.') 

title  or  interest  in  lane;  '>y  railroad  an  tasenient 3.  p.  ODl,  §  i"5l) 

does  not  revert  to  original  owner  on  abandonment. .   3,  p.  dOo,  §  550 
ou  diversion  by  railroad  oi  »and  from  public  purpo  es  writ 

of  entry  wid  lie  by  original  owners 2,  p.  9^",  §  TmC 

ejectment  will  lie  for  right  of  way  of  railroad 3,  p.  995,  ^  55G 

what  does  aud  does  not  pass  to  raili-oad  by  acijuisition  of 

fee 3,  p.  990,  §  557 

trees  standing  on  laud  pass 3,  p.  91)0,  §  557 

material  removed  in  grading  road 2,  p.  900,  §  5')7 

stone  and  gravei  on  land 3,  jj.  O;) !,  §  557 

Diinera's  under  land  do  not  pass 3,  p.  997,  §  557 

right    of    railroad  to    dig  ditches  on  laud  adjacent   to 

track  2,  p.  937,  §  557 

right  of  railroad  to  divert  water-course  from  natural  chan- 
nel  2,  p.  997,  §  557 

right  of  railroad  to  dig  wells  on  its  land 3,  n.  997,  §  557 

right  of  railroad  to  abstract  from  adjoining  stream  water 

for  its  engines  3,  p.  997,  §  557 

authority  to  locate  road  upon  certain  land  does  not  autharizo 

it  to  convert  laud  to  differeut  purposes 

2,  p.  997,  §  557;  2,  p.  909,  §  5G0 

right  of  railroad  to  so'e  use  of  its  land 2,  p.  99S,  g  ."5S 

to  exclude  persons  from  its  grounds 2,  p.  09S,  ^  55'J 

no  prescriptive  right  to  foot  way  over  railroad  lands.  .2,  p.  99S,  §  55;) 
CO  joining  owner  cannot  take  products  of  soil  from  right 

of  way 2,  p.  999,  §  5G0 

railroad    may  allow  others  to  erect  buildings  ou  right 

of  way 2,  p.  gOf^,  3  500 

railroad  h  s  right  to  cut  trees  or  grass  on  riglit  of  way. 3,  p.  ['J  i,  '.,  5i;0 
railroad  cannot  recover  damages  against  town  for  ojjc  ing 

new  roads  across  tiaek 2,  p.  999,  §  500 

track,  public  have  no  right  to  pass  over,  except  at  cross- 
ings  2,  p.  990,§  5G1 

may  give  implied  permission  to  do  so 3,  p.  1000,  ^  501 


6774 


RAILROADS. 


BailroadB— (Continued.) 

di;i)()ts  Hiid  HtatiiiiiH;  railroad  must  maintain  proper, . .  .2,  p.  1009,  §    562 
action  lies  for  l)ro:iuli  of  c  iitr:iut  to  ki-'up  ruilniud  tttatioii  at 

p.irticnlar  place 3,  p.  1000,  §    CC2 

Qot  lialilu  fot  ai'i'idt-ntal  liiirnin^  of  siippiitis  at  itn  Btutioiisi 

wliich  a[iri'ad:)  and  docs  damage 2,  ]>.  100f>,  8    r)(j2 

may  oxoliido  persins  not  p^isiscnL^ets  from  it«  grmindH,2.  [).  1001,  §  502 
railroad  iia.s  no  rijjlit  to  use  streets  for  freight  yard.  ..2,  p.  1001,  §  CG3 
railroad  Imunil  to  keep  its  trade  where  it  crosses  street  in 

good  repair  and  safe  condition 2.  p.  lOJl,  §    5G-' 

must  build  liriilgo  or  sub- way  if  necessary  to  pi  event  ob- 
struction of  liiyhway 2,  p.  1002,  §    /iCl 

must  keep  bridge  over  crossing  in  repair 2,  p.  lOO'J,  §    504 

legishitiire  may    require  railroad  to  build  and  maintain 

highway  crossings 2,  p.  1O02,  §    5G4 

constructing  railroad   ucroas  higliway  without  authority  a 

nuisance , 2,  p.  1002,  §    5()4 

liable  for  uiinecossary  obstructions  of  highways 2,  p.  1002,  §    fiGl 

right  of  public  at  crossings 2,  p.  1003,  §    5G4 

legislature  may  emi)o\ver  oue  railroad  to  cross  track  of  an- 
other railroad 2,  p.  1003,  §  5G4;  2,  p.  1004,  §    5G5 

may  authorize  building  of  a  railroad  in  streets  without  com- 
pensation to  municipality,  and  vithout  consent. 2,  p.  1003,  §    505 

may  delegate  power  to  municipality 2,  p.  10(>4,  §    5G5 

grant  to  buil<l  railroad  ia  street  uot  exclusive 2,  p.  1004,  §    565 

3>  Street  liailnKHls. 

right  to  operate  street  railroad,    a  franchise   granted   by 

stite 2,  p.  1004,  §    5GG 

state  maii  grant  right  to  second  comi)any 2,  p.  1004,  §    566 

An  1  see  part  2,  supra. 

municipality  may  regulate  street  railway.^ 2,  p.  ICOG,  §    566 

exclusive  right  to  ccnistruct  and  operate  horse  railroad   in 
city  not  infringed  by  constructing  road  to  be  operated 

by  steam,  nor  by  cable  tramway 2,  p.  1003,  §    5GG 

charter  requiring  consent  of  property  holders  to  building  of 

road 2,  p.  1007,  §    5G6 

street  car  company  has  no  exclusive  use  of  track 3,  ji.  20()G,  §  1173 

must  use  care  toward  i)ersons  using  highway 3,  p.  20GG,  §  1178 

what  is  and  is  not   negligence  of  driver  of  car  toward  per- 
sons on  street 3,  p.  2067,  §  1178 

right  of  vehicle  on  track;  vehicle  must  give  way 2,  p.  1005,  §    566 

pedestrians  on  track 2,  p.  1005,  §  5GG;  2,  p.  1010,  §    5G7 

court  at  instance  of  street  railroad  will  not  enjoin  temporary 

use  of  track  by  private  persons 2,  p.  1006,  §    566 

adjoining  storekeepers  cannot  obstruct  track 2,  p.  lOOG,  §    566 

city  ordinance  requiring  street  railroads  to  report  quarterly 

number  of  passengers  carried,  valid 2,  j).  1008,  §    566 


RAILROADS. 


6775 


5G6 


Bailroads— (Continued.) 

company  liouiul  to  keep  track  in  rnpair. 2,  p. 

■ti'tiut  niilroiiil  cimnot,    liy  exclusive  use  «)f  pirt  f>f  pul/ic 
street   for  riylit  of  way,   obtain    aljsolute  owiier-'liip 

therein 2,  p. 

railroail  must  be  carefully  .tuiI  propi'rly  manageil 2,  p. 

must  be  restricted  to  n  a  oiialtle  spuoil 2,  p. 

may  l)e  run  without  eomluctor 2.  p. 

Las  rij^ht  of  way  over  other  vehicles 2,  p. 

Jicilestrian  may  piss  over  platform  of  car  to  cress  street. 2,  j.. 
company  may  exclude  eonnic'in^  vehicles  from  habitual  use 

of  road 2,  p. 

riyht  of  street-car  company  to  remove  snow  from  track. 2,  p. 
4.  DiH.Hulution  (if  Corporation. 

dissolved  in  gineril  in  sann  inodc.-f  as othercorporation.i.2,  p. 
And  see  Coui-ouatioxs,  0. 

dissolution  by  expiration  of  charter 2, 

by  abandonment 2, 

by  repeal  of  charter 2 

by  neylect  to  perform  duties,  or  non-user 2, 

by  consolidation 2, 

what  are  good  grounds  for  forfeiture  of  charter 2, 

railroad  corporation  not  dissolved  by  lease  ■  '  niVnX  for  terra 

of  charter 2, 

nor  by  sale  of  rolling  stock  and  personal  property 2. 

nor  by  sale  of  road  itself. . .    2, 

Trlien  forfeiture  may  be  declared  by  legislative  act 2. 

receiver  or  assignee  of  railroad,  appointed  in  involuntary 
proceedings,  not  liaMe  for  iiijuiies  caused  by  his  iieg- 

ligenco  wliilo  operating  road 2,  p 

d.  Jlcmcdks. 

action  at  law  remedy  for  negligent  act 2,  p. 

for  assault  and  battery 2,  [«. 

for  abandoning  line  or  withdrawing  trains  2,  p. 

for  unlawfully  entering  on  land 2,  p. 

for  refusing  to  transport  freight,  action  proper,  rente  iy 

not  mamlamvs 2.  p. 

injunction  -will   lie  to  prevent  railroad  from  laying  tra-.k 

in  public  street 2.  p. 

BO  M'here  company  acts  in  excess  of  powers 2.  j(. 

Bo  where  company  fails  to  pay  land  damages 2,  p. 

ejectment  will  lie  for  taking  land  by  railroad  without  ten- 
dering compensation 2,  p.  91).'),  §  oK;;  2,  p. 

writ  of  entry  will  lie  for  diverting  land  from  public  jiur- 

pose 2,  p. 

specific  performance  lies  to  compel  railroad  to  build   d«-pot 
as  agreed 2,  p. 


10)7,  S  5C6 


lOOS.  § 

I '"'J,  § 

1010. 9 

1010,  § 
1010,  § 
1010.  S 

1010,  § 

loio,  § 


500 

5(;7 

507 
507 
507 

507 
5(;7 


1011,  §  503 


KM. 

§ 

5';3 

I'll, 

§ 

5.J8 

1011. 

§ 

503 

1011, 

§ 

50  i 

lOlJ, 

§ 

503 

1012, 

§ 

503 

1012, 

§ 

503 

lOIJ, 

§ 

5G3 

Knj. 

§ 

503 

1U12, 

i 

503 

1012,  §  503 


1012,  § 

5:9 

I"i:i,  § 

5oa 

loiri.  § 

509 

1013,  § 

509 

1013,  §  509 


101.1,  § 

509 

1014.  § 

509 

1014,  § 

509 

1014.  § 

509 

995,  § 

556 

1013,  § 

509 

6776 


RAILEO ADS  — KEAL-ESTATE  EliOKERS. 


^f*'-^ 


1014, 

§ 

5C9 

9S0, 

§ 

547 

1011 

§  5GS 

538, 

§ 

304 

538, 

§ 

304 

533, 

§ 

304 

538, 

§ 

304 

538, 

§ 

304 

Kailroads— (Continue  J. ) 

or  maintain  fences 2i  p. 

remedies  against  railroad  for  disusing  part  of  its  road  is  action 
to  vacate  cliarter  or  annul   existence  of  corporation, 

and  not  action  for  specilic  performance 2,  p. 

for  abandoning  franchise  is  mniuluinus  or  indictment,  or 

action  to  annul  charter 2,  p. 

6.  Injuries  (o  Employees. 

railroads  must  keep  their  machinery,  roadways  and  bridges 

in  safe  and  good  cond  tion 1,  p. 

not  bound  to  furnish  absolutely  safe  appliances 1,  p. 

under  no  obligation  to  build   its  bridj^es  ao  high  that  man 

standing   on  top  of  car  may  pass  under  safely. .  .  1,  p. 

not   liable   for    death   of  brakeman,  caused   by  his   falling 

through  bridge  in  process  of  repair 1,  p. 

not  bound  to  test  safety  of    car    received    from  another 

line 1,  p. 

railroad  not  bound  to  discard  cars  of  an  old  pattern  because 
coupling  them  with  cars  of  new  pattern  is  attended 

■with  more  danger 1,  p.  533,  §  302;  1,  p.    530,  §    3C4 

nor  to  adopt  what  is  known  as  "target  switch,"  simply  be- 
cause this  kind  of  switch  guards  more  effectually 
against  negligence  of  switchmen  than  the  common 

switch 1,  p. 

nor  to  pursue  system  of  inspection  of  its  cars  and  locomo 
tives  which  would  embarrass  operation  of  road . .  1,  p 
railroad  must  establisih  proper  rules  for  guidance  and  safety 

of  employees 1,  p.  534,  §  302;  1,  p. 

Bailroad  Engineer. 

implied  powers  of 1,  p. 

Bailroad  Superintendent. 

implied  powers  of , 1,  p. 

Bank. 

rank  as  an  impediment  to  marriage 2,  p.  1297,  § 

Batification. 
See  Attorney  and  Client,  G;  Corporations,  4;  PiiincipaIi 
AND  Agent,  9. 
ratification  by  state  of  unauthorized  corporate  acts  ...  1,  p. 
acceptance  by  stockholder  of  dividend  no  ratification  of  ille- 

g.Tl  C(mduct  of  the  directors 1,  p. 

ward  may  after  coming  of  age  ratify  voidable  acts  of  guar- 
dian  2,  p.  1591,  § 

h'lsband  may  ratify  wife's  acts 2,  p.  1.322,  §  722;  2,  p.  1327,  §    728 

pledgeor  may  ratify  irregular  eale 4,  p.  3019,  §  1767 

Beal-estate  Brokers. 

defined 1,  PP.  390-S9.*?,  §   222 

ftuthoiity  of 1.  PP-  390-393,  §   222 


533,  § 

•502 

•^3,  § 

302 

539,  § 

304 

118,§ 

76 

117,  § 

76 

C02,  § 
783,  § 


705 

337 
474 
880 


RE.VL  PROPERTY.  6777 

Heal  Property. 

St«;r£ii.s  JXAL  PRorKHTY;  E5ri5T,T;:\rf:NTs;  Fixtures;  Mekgeb; 
Mixes  and  Mi.nkrai.s;  Muney, 

1.  The  KrxDs  of  Real  PKoriiUTY, 

2.  Tit,  e  to  Real  Puopeuty. 

3.  Estates  in  Pieal  PiiorEitTY. 

4.  Conditions;  KEsTiiUTioNS,  etc. 

1.  Th'i  Kinds  of  Real  Propertij. 

real  proiierty  defined:  must  last  for  indcnnif-c  term 0,  p.  4"17,  5  2073 

meaning  of  "land,"  "te)ie;nent"  and  •'hereditament  ".6,  p.  4.S(;S,  §  2073 
corporeal  and  incDrporeal  hereditaments  distinguished  6.  p.  430,),  §  •JG79 

Louses  and  buildings  pass  with  land 6,  p.  43():),  S  iiaSO 

buildings  erected  on  another's  land,  title  to 0,  p.  4.3j;),  §  COS  J 

trees,  crops,  fruit,  etc.,  are  real  estate 6,  p.  4,*570,  S  -6S1 

heirlooms  are  real  estate;  what  are  "heirlooms " 6,  ]).  4387,  g  2G3D 

water  is  realtj';  but  suit  must   be  bought  for  the  land 

under  it 6,  p.  43S3.  §  CGOO 

other  kinds  of  re  dty 6,  p.  43S3,  §  2G91 

manure 6,  p.  4588,  §  26^1 

Bea-weed 6,  p.  <13S9,  §  2G91 

shares  of  stock U,  p.  4.3S3,  §  2G91 

pews 6,  p.  4381),  §  2G01 

road-bed,  rails,  and  right  of  way  of  railroad 0,  p.  4oS9,  §  2G31 

ponds,    springs,     reserviirs,   and    pipes  of    water    com- 
pany  G,  p.  43S9,  §  2091 

ore  right 6,  p.  43 S9,  §  2G91 

Blabs,  saw-dust,  shavings 6,  p.  43 S9,  §  2'19l 

saw-mills  and  grist-mills 6,  p.  4390,  §  2G91 

franchise  of  railroad  an  incorporeal  hereditament  not  in- 
cluded within  term,  "  lands  or  tenements  " 2,  p.    974,  §    5-12 

2.  Tl'.le.  to  Real  Pioperlij. 

title  defined G,  p.  4^91,  §  2G?2 

title  by  descent  and  purchase  distinguished 6,  p.  4."91,  §  2092 

by  accession G,  p.  4391,  §  2093 

See  Accession;  Accuetions. 
by  escheat C,  p.  4392,  §  2GC4 

See  Escheat. 
by  eminent  domain 6,  p.  4393,  §  2095 

See  Eminent  Domain. 
by  public  grant  or  patent G,  p.  4393,  §  2GD3 

See  Public  CinANTS. 
by  pre-emption G,  p.  4397,  §  2G97 

See  Pke  EMPTioM. 
by  land  warrant  or  certificate G,  p.  4400,  §  2Gf)3 

See  Land  Wakuant. 
by  convex  ance G,  p.  4401,  §  2C0D 

See  Deeds. 


6778 


IlEAL  rnOPERTT. 


Seal  Property  -(Continued.) 

by  prescription:  adverse  possession 0,  p.  440!,  §2700 

See  Preschiption;  Advkrsk  Possession. 

by  estoppel 0,  p.  4I0S,  §  2701 

See  EsTOi'PECi. 

by  judiciiil  sale 6,  p.  4413,  §  2702 

See  Judicial  Sales. 
3,  Estates  in  Real  Property. 

See  also  Co-tknancy;  Executory  Devises. 

meaning  of  "  estate  " 6,  p.  441.'?,  §  2703 

the  diffLTent  estates  in  real  property 6,  p.  4410,  §  2704 

estate  in  fee  simple,  what  is 6,  p.  441(5,  g  2705 

what  words  will  convey  a  fee 6,  p.  441(1,  §  2706 

rule  in  case  of  devises 6,  p.  4417,  §  2706 

coudiliiin  against  alienation  generally  attached  to  creation  <,f 

a  fee-simple  estate  void 6,  p.  1419,  §  2707 

but  partial  restriction  valid 6,  p.  4419,  §  2707 

fee  in  abeyance,  what  is  effect  of 6,  p.  4420,  §  2703 

Beisin  defined :  livery  of  Beisin,  what  is 6,  p.  4421 ,  §  2709 

disseisin,  what  is:  rights  and  liabilities 8,  p.  4421,  §  2710 

tenure  of  land  in  United  States;   owner  in  fee  is  absolute 

owner 6,  p.  4423,  §2711 

title  of  Indians  to  land  in  United  States 6,  p.  4423,  §  27 1 1 

estate-tail,  what  is:  effect  of  and  ri^dits  of  owners  of.  .6,  p.  4424,  §  2712 
abolished  generally  in  the  United  States;   statutory  pro- 
visions is  to 6,  pp.  4426,  §2712 

estate  for  life,  what  is:  what  words  give  estate  for  life,  .6,  p.  4427,  §  2713 

estate  pur  autre  vie,  status  of 6,  p.  4429,  §  2714 

rights,  powers  and  liabilities  of  tenant  for  life 6,  p.  4429,  §  2715 

estates  for  life,  how  terminated 6,  p.  4431,  §  2716 

not  forfeited  by  making  conveyance  in  fee 0,  p.  4432,  §  2717 

estates  in  remainder;  remainder,  what  is;  requisites  of. 6,  p.  4468,  §  2740 

when  may  remainder  over  be  created 6,  p.  44C9,  §  2740 

particular  estate  and  remainder  must  be  created  by  same 

deed 6,  p.  44G9,  §2740 

particular  estate  may  be  created  by  will,  and  remainder  by 

codicil,  and  vice  versa 0,  p.  440^,  §  2740 

remainder  cannot  be  limited  upon  conditional  fee 6,  p.  44(j9,  g  2740 

remiinder  in  personalty  created  by  oral  gift  void 6,  p.  44(j9,  s  2740 

vested  and  contingent  remainders  distinguished 6,  p.  44C9,  ^  2741 

the  two  classes  of  contingent  remainders 6,  p.  4470,  §  2741 

coutiDgent  rem;iinder  not  defeated  by  termination  of  prece- 
dent estate  before  happening  of  contingency. . .  .6,  p.  4471,  §  2741 
freehold  contingent  remainder  cannot  be  limited  on  estate 

for  years 6,  p.  4471,  §  2741 

aVder  as  to  ccmtingent  remainder  for  years 6,  p.  4471,  §  2741 

and  alitcr  by  statute  in  some  states 6,  p.  4471,  §  2741 


MHtll 


mmmmmammimmmmammm 


m 


2740 


REAL  PROPERTY.  G779 

Heal  Property— (Continued.) 

contingency  may  abridge  or  defeat  the  particular  estate.  6,  p.  4472,  §  2741 
event  upon  which  contingency  rests  must  be  a  legal  one.  6,  p.  4472,  §  2741 
at  common  law  event  must  be  within  a  common  possibil- 
ity  6,  p.  4472,  §  2741 

rema-'nders,  how  defeated 6,  p.  4472,  §  2742 

the  ru'c  in  Shelley's  case 6,  p.  4473,  §  2713 

reversion  defined:  what  is;  effect  of 6,  p.  4474,  §  2744 

4.  Conditions,  licstrictions,  etc. 

estates  upon  condition 6,  p.  4192,  §  2757 

conditions  precedent;  how  created 6,  p.  44!t3,  §  27r)8 

test  as  to  whether  conditi(m  is  precedent , 6,  p.  4493,  §  27 J8 

illustrations  of  condition  precedent 6,  p.  4493,  §  27.18 

condition  subsequent,  how  created 6,  p.  449."),  §  27 .ID 

illustrations  of  condition  subsequent 6,  p.  4495,  §  2759 

form  of  words  creating,  not  material 6,  p.  4497,  §  27C0 

construction   of,     "provided  however,"    "on  condition," 

etc 6,  p.  4498,  §  2760 

condition  subsequent  not  favored  by  courts 6,  p.  4499,  §  2761 

construed  strictly  against  grantor 6,  p.  4499,  §  2761 

party  bound  to  perform  condition  must  do  so  at  his  peril. 6,  p.  4.")00,  §  2761 

notice  to  party  when  necessary 6,  p.  4500,  §  2761 

doubtful  conditions  are  construed  as  covenants 6,  p.  4501,  §  2762 

covenant  not  required  to  be  in  particular  form  of  Mords. 6,  p.  4501,  §  2762 

conditional  limitation;  what  is,  effect  of , 6,  p.  4502,  §  2763 

partial  restrictions  as  to  use  to  be  made  of  property  are  legal 

and  valid 6,  p.  4503,  §2764 

condition  valid,  that  all  buildings  erected  on  the  land  shall 

be  set  back  certain  distance  from  street 6,  p.  4503,  §  2764 

that  grantees  should  keep  saw-mill  and  grist-mill  doing  busi- 
ness on  premises 6,  p.  4503,  §  2764 

that  property  should  not  be  used  for  any  except  educational, 

religious,  and  other  public  purposes 6,  p.  4503,  §  2764 

that  none  but  dwelling-house  shall  be  erected  on  land.  .6,  p.  4504,  §  27GI 

that  building  shall  not  be  used  for  offensive  trade 6,  p.  4504,  §  2764 

or  shall  be  used  only  for  "court-house  "  purposes 6,  p.  4504,  §  2764 

that  no  trade  or  business  shall  be  carried  on  in  prem- 
ises  6,  p.  4504,  §  2764 

that  building  shall  be  used  as  "dwelling-house"  only  6,  p.  450."),  §  2764 
that  building  shall  be  used  for  "  railrond  depot"  oidy.6,  p.  4505,  §  2764 
that  lessee  shall  purchase  all  beer  used  on  premises  from 

lessor 6,  p.  4506,  §  27G4 

condition  that  grantee  shall  not  u<e  or  suffer  premises  to 
be  used  for  manufacture  or  sa'.e  of  imoxicating  ll(]unr3 

vali'^-- 6.  p.  4507,  §2765 

other  restrictions  and  conditions  in  deeds  held  valid. .  ..6,  p.  4508,  §  2766 
conditions  where  impossible  or  unlawful  are  void 6,  p.  4510,  §  2767 


6780 


REAL  PUOPEKTY. 


Real  Property— (Continued.) 

covciKiiit')  in  douds  as  to  usg  of  premises  binds  assignees  and 

may  lie  enforced  by  irtjnnutioii 0.  p.  4503,  §  276t 

as  conditions  in  general  restraint  of  maiTJaije G,  p.  iolO,  § -7ii7 

condition  annexed  ti)  devise  to  married  >voinan,   tliat  she 

sliall  not  live  witli  Imsband 0,  p.  4510,  §  27C7 

condition  attached  to  devise  to  sun,  that  lie  shall  not  live 

with  or  contriliute  anythinc;  to  sn;  jwit  his  vife.  .6,  p.  4510,  §  27G7 
condition  tliat  land  shall  not  be  snbjcut  to  attachment  or 

levy  on  execution 6,  p.  4510,  §  27G7 

conditi  ms  subsequent   are  void    which  are   repugnant    to 

estate  granted  or  devised 6,  p.  4510,  §  2707 

as  devise  to  A.  "  in  case  he  inhabits  the  town  of  U"..6,  p.  451 1,  §  27G7 

or  on  condition  that  devisee  chatige  his  name 6,  p.  4511,  g  27(J7 

or  on  condition  th;it  legatee  shall  not  contest  will 6,  j).  4')11,  §2707 

condition  that  grantee  shall  not  alienate  estat?,  void. 6,  p.  4512,  §  270S 
condition  in  partial  restraint  of  alienation,  as  that  grantee 
shall  not  alienate  for  particular  time  or  to  partieilar 

person  oi  persons,  good 6,  p.  4512,  §  276S 

alienation  of  se2)arate  equitable  estate  may  bo  restrained 

during  grantee's  covt  rtui  e 6,  p.  4513,  §  27G8 

devise  of  the  income  from  pr.ipurty,  to  cease  on  insolvency 

or  bankru[)tcy  of  the  devisee,  good 6,  p.  4513,  §  27GS 

any  person  having  an  interest  in  the  condition  may  perform 

it 6,  p.  4513,  §  2769 

performance  must  be  within  life  of  person  or  within  reason- 
able time 6,  p.  4514,  §  2769 

what  is  a  good  performance  of  a  condition 6,  p.  4514,  §  2769 

performance  of  condition  excused  where  impossible,  or  pro- 
hibited by  law,  or  party  to  bo  benefited  refuses  to 
accept  performance,  or  has  rendered  it  impossible  or 

unnecessary 6,  p.  4515,  §  2770 

perform  anee  may  bo  waived  by  party  who  is  to  have  benefit 

of  condition 6,  p.  4515,  §  2770 

acts  inconsistent  with  claim  of  forfeiture  sufiicient  evidence 

of  waiver 6,  p.  4.')!  5,  §  2770 

otherwise  as  to  mere  silent  a-'quiescenco 6,  p.  4515,  §  2770 

where  condition  once  performed  or  waived,  grantee  cannot 

enter  for  subsequent  breach 6,  p.  4115,  §  2770 

on  breach  of  condition,  p\rty  having  right  to  enforce  be- 
comes at  once  entitled  to  estate 6,  p.  4517,  §  2771 

but  demand,  refusal  and  entry  essential,  when 6,  p.  4517,  §  2771 

who  may  enforce  performance  of  conditions 6,  p.  4517,  §  2771 

equity  lia^  jurisdiction  to    relieve   against  forfeitures   by 

breach  of  conditions  in  deeds,  when 0,  p.  451S,  §  2772 

where  conditions   subsequent  void  or  impossible,   grantee 

takes  estate  freed  from  the  condition C,  p.  45 IG,  §  2770 


EECAPTION — RECEIVEB3.  6781 

Becaption. 

dt!li»«J 3,  p.  17G3,  §  1035 

right  of  person  to  retake  his  property 3,  p.  176:?,  §  1().S5 

to  enter  laud  to  take  his  property 3,  p.  1701,  §  10o5 

Receipt. 

receipt  in  writing  is  only  primi  facie  evidence  of  payment  of 

ti^l^t 5   p.  4oo4_  §2513 

al'tter  where  made  under  seal 5,  p.  4-_>05,  §  'lo  13 

Receivers. 

oUjeot  of  appointment  of  receiver 7,  p.  fiiQl  n,  §  3876 

duty  of  court  on  ai)plic;vtion,  of  appointment  of 7,  p.  (ilOl  «,  g  3876 

in  what  cases  will  receiver  of  railr-.ad  be  appointed.  .7,  p.  6102  »,  §  3876 

power  of  receiver  to  authorize  expHuditures 7,  p.  61(»2  n,  §  3S76 

power  of  receiver  to  issue  receivers'  certilieates 7,  p.  6102  n,  §  3876 

receivers' certificates  are  not  negotiable  4,  p.  2585,  §  1453 

right  of  reot iver  to  sue  in  for.ign  states 7,  p.  6102  n,  §  3876 

rii^ht  of,  subordinate  to  rij^ht  of  local  creditors  as  respects 
property   within   jurisdiction    where    such  a  suit  is 

brought 7,  p.  G102  «,  §  3876 

receiver  of  railroad  not  liable  for  damage  caused  by  negli- 
gence in  operating  road 2.  p.  1012.  §  56S;  7,  p.  6103  n.,  §  3876 

but  company  not  liable  except  as  common  carrier... 7,  p.  6103  n,  §  3876 
person  bringing   suit  against   receiver   without   consent   of 

court,  guilty  of  contempt 7,  p.  6103  n,  §  3S76 

practice  in  suing  receiver 7,  p.  G103  n,  §3876 

receiver  of  corporation  is  not  its  servant 1,  p.    r>17,  §    2!)5 

infant  cannot  be  receiver 2,  p.  1497,  §    824 

in  bill  by  infants  against  guardians  for  account  and  payment 

the  court  may  appoint  receiver  to  collect 2,  p.  1607,  §    888 

receiver  empowered  by  court  to  discharge  mortgage  author- 
ize I  to  receive  payment  and  satisfy  mortgage  even 

before  due 6,  p.  4961,  §  3056 

right  of  receiver  to  assets  of  estate  not  actually  in  his  pos- 
session not  such  jiM  in  re  as  will  enable  him  to  main- 
tain trover  for  them  with  lut  leave  of  court 7,  p.  5670,  §  3G64 

where  mortgagee  has  ju.st  ground  fur  apprehending  loss  or 
injury  to  property,  receiver  may  be  appointed  before 

breach  of  condition 6,  p.  5014,  §  3035 

statute  as  to  winding-up  nation  d  banks  does  not  oust  courts 
of  power  to  appoint  receiver  upon  judgment  credi- 
tor's bill 2,  p.    891,  §    519 

corporate  existence  of  bank  not  dissolved  by  appoint- 
ment of  receiver 2,  p.    891,  §    519 

statutory    provisions  as  to    appointment    of    receiver  for 

national  bank 2,  p.  891  w,  §    519 

receiver  an  "  officer  of  the  United  Statis  " 2,  p.  891  »,  §    519 

but  iloes  not  represent  government  so  that,  by  suing  re- 
Lawson  R.  &  B.  —4,Ti- 


6782 


BECEIVERS — REFOBMATION. 


Keceivers— (Continued.) 

ceiver  and  comptroller,   judgment  may  be  obtained 

against  it 2,  p.  891  n.  §    619 

receiver  represents  bank,  stockhol  lers  and  creditors.  .2,  p.  891  w,  §    519 
holds  the  same  title  to  assets  uf  bank  that  bank  held. . .  .2,  p.  8'Jl  n,  §    519 
may  sue  for  debts  due  bank,  either  iu  his  own  name  as  re- 
ceiver, or  in  name  of  bank 2,  p.  891  n,  §    519 

may  sue  for  an  ordinary  debt  without  being  instructed  so  to 

do 2,  p.  891  n,  §   519 

receiver  directed  to  sell  the  assets  on  such  terms  and  in 
such  manner  as  he  deems  best  for  the  interest  of  all 
concerned ;  has  no  power  to  exchange,  barter,  or  trada 

assets 2,  p.  891  n,  §    519 

debtor,    when   sued,    cannot  inquire    into  the  legality  of 

appointment  of  plaintiff  as  receiver 2,  p.  891  n,  §    519 

to  enforce  personal  liability  of  stockholders,  suit  can  be 
instituted  by  receiver  only,  by  direction  of  comp- 
troller  2,  p.  891  n,  §   619 

Recitals. 

See  Deeds,  2. 

in  statutes,  construction  and  effect  ot 7,  p.  6913,  §  3763 

in  guardian's  bond  of  fact  that  he  is  guardian,  binding  both 

upon  himself  aud  upou  surety  m  action  ou  bond. 2,  p.  loOo,  §    882 
Becording. 

of  deeds,  see  Registration. 
Becrimination. 

See  Divorce,  4. 
Bedemption. 

See  MoiiTOAOES,  8. 
Be  draft. 

re-draft;  what  is,  rights  and  liabilities 4,  p.  2741,  §  1577 

Be  exchange. 

re-exchange;  what  is,  and  how  ascertained 4,  p.  2741,  §  1377 

Beferees. 

See  Arbitration  and  Award. 
Beformation. 

deed  may  be  reformed  by  equity  on  ground  of  mistake., 5,  p.  3S76,  §  2308 

mistake  may  be  corrected  in  defective  couveyau  e 5,  j).  3S7G,  §  2306 

where   deed  has  been  lost,   execution  of  another  may  be 

decreed 5,  p.  3877,  §2306 

equity  will  reform  misdescription  in  conveyance 5,  p.  3S77,  §  2306 

equity  has  power  to  correct  mistakes  in  wills 6,  p.  3S77,  §  2306 

cases  in  which  equity  will  reform  instruments 5,  p.  3877,  §  2306 

cases  in  which  equity  will  not  reform  instiuments. . ...  .5,  p.  3878,  §  2307 

where  insured  Hnds  that  policy,  by  mistake  or  fraud,  does 
not  express  real  agreement,  he  may  apply  to  equity 
to  have  it  reformed 6,  p.  35G2,  §  2092 


REFORMATION — REGISTRATION.  6783 

Beformation— (Continued.) 

power  of  court  to  reform  contracts  between  attorney  nnd 

«.''*"* 1,  p.    345,§   206 

by  auctioneer  in  enttring  vendor's  name  will  be  corrected  in 

^  «^l"'ty l,p.    374,§    219 

Begistration. 

1.  NllTICE  OF  Reotstkred  Deed. 

2.  Notice  of  Unregistered  Deed. 
1.  Notice  of  Registered  Di-ed. 

deed  to  be  wholly  valitl  must  be  recorded 5.  p.  3S20,  §  2278 

registration  is  constructive  notice  of  contents  of  deed.. 

5,  p.  3820,  §  227S;  5,  p.  3S22,  §  2279 
registration  laws  of  state  do  not  apply  to   disposition  of 

lands  belonging  to   United  States 5,  p.  3S20  n,  §  2273 

to  constitute  record  of  deed  constructive  notice  essential 
that  it  be  an   instrument  affecting  legal  or  equitable 

title  to  proi)erty 5^  p.  3520,  §2278 

of  void  instrument,  record  is  void 5,  p,  3821,  §  2278 

instrument  must  be  one  legally  recordable 5,  p.  3821,  §  2278 

inatruuieut  must  be  properly  recorded 

5,  p.  3821,  §  2278;   5,  p.  3327,  §  2279 
record  of  deed  of  land  lying  in  different  counties,  or  where 

boundaries  have  been  changed 5,  p.  3S22,  §  2278 

notice  is  only  to  those  who  claim  through  or  under  the 
same  grantor  by  whom  recorded  deed  was  ex- 
ecuted   5^  p.  3822,  §  2279 

registry  of  mortgage  is  notice  of  such  mortgage  to  subse- 
quent purchasers  and  mortgagees 5,  p.  3822,  §  2279 

but  recording  of  second  mortgage  is  not  constructive  notice 

to  mortgagee  under  first  recorded  mortgage 5,  p.  3822,  §  2279 

not  nee  ssary  that  record  should  contain  complete  chain  of 

title 5,  p.  3822,  §  2279 

subsequent  destruction  of  record  by  fire  does  not  affect 

*i*le 5   p.  3823,  §2279 

one  with  actual  notice  of  deed  takes  subject  to  it.  without 
regard  to  its  being  defectively  executed  or  impn.per- 

ly  recorded 5,  p.  3323,  §  2279 

record  is  notice  only  of  what  appears  on  face  of  deed,  or  to 

which  it  naturally  points 5,  p.  3823   §  2279 

record  of  a  mortgage  ceases  to  be  notice  after  mortgagee  has 
entered  satisfaction,   though   induced   to  do  so   by 

fi'aud 5,  p.  3824,  §2279 

recording  by  clerk  of  instrument  to  which  he  is  a  party  does 

not  avoid  registry 5,  p.  3304,  §  2279 

effect  of  non-payment  of  fee  or  tax  for  registration 5,  p.  3S24,  §  2279 

index  to  records  bar  for  notice 5,  p.  3S25,  §  2279;  5,  p.  3835,  §  2281 

date  of  recording  of  instrument,  proof  of 5,  p.  382j,  §  2279 


6784 


REGISTRA.TION — RELATIVES. 


Registration— (Continued. ) 

what  is  ^'iiocl  (lul  very  to  recordinT  ofiifcr 6,  p.  3?,2B,  §  2279 

deed  registered  after  time  limited  by  statute 6,  p.  3S2G,  §  2279 

liability  of  t;rantce  or  mort^jagce  for  error  or  neglect  of  re- 
coiling (ifHcor 6,  p.  3S:it.  §2281 

liability  of  attorney  for  omitting  to  record  mortgage. . .  1,  p.    302,  §    180 
statute    as    to    recording    mortgages     embraces    deeds    of 

trust 4,  p.  3330,  §  1983 

conveyance  of  shares  in  a  corporation    not  within  recording 
acts,    record     does    not    charge    with    constructive 

notice .1,  p.    771,  §    464 

registration  of  bill  of  sale  of  ship 3,  p.  2513,  §  1420 

chattel  mortgage  may  be  filed  to  be   effective  against  third 

parties  6,  p.  5003,  §  3081 

but  valid  between  parties  without  filing 6,  p.  5003,  §  3081 

when  chattels  are  transferred  to  mortgagee,  filing  not  neces- 
sary  0,  p.  5003,  §  3081 

in  what  plaie  must  registration  be  made 6.  p.  5003,  §  3081 

at  what  time  must  registration  be  made 6,  p.  500t,  §  3081 

refiling,  when  necessary;  effect  of 6,  p.  500 i,  §  3031 

effect  of  certificate  of  otfijer  as  to  registration 6,  p.  500 "»,  §  3081 

precedence  of  unrecorded  mortgage 6,  p.  5u07,  §  3082 

actual  notice  of  mortgage,  what  is;  effect  of G,  p.  5007,  §  30S3 

2.  2iotlce  of  Unregistered  Denl. 

registration    nob    requisite    to    validity  of    deed    between 

parties 5,  p.  3827,  §  2280 

nnregistered  deed  void  only  as  to  creditors  and  subsequent 

bona  fide  purchasers  without  notice 5,  p.  3827,  §  2230 

notice  is  either  express  or   implied,  or  actual  or  construct- 
ive   5,  p.  3S2S,  §2280 

actual  notice  must  be  given  by  some  person  interested  in 

property,  and  in  course  of  negotiation 5,  p.  3823,  §  2230 

notice  is  not  necessarily  knowledge  of  entire  contents   of 

deed,  but  rather  notice  of  its  existence 5,  p.  3828,  §  22S0 

actual  notice  must  be  clearly  proved 6,  p.  3329.  §  2280 

what  is  constructive  notice 6,  p.  33-9,  §  2280 

possession  of  property,  when  constructive  notice 6,  p.  3831,  §  2280 

notice  to  agent  when  notice  to  principal 5,  p.  3833,  §  2280 

notice  to  attorney,  when  notice  to  client 5,  p.  3833,  §  2230 

where    person  purchases  for    valuable   consideration   with 
notice,  from  person  who  bought  without  no  ice,  he 

may  shelter  himself  under  firdt  purchaser 5,  p.  3833,  §  2230 

Beg^ulation  of  Commerce. 

See  Constitutional  Law,  8. 
Relatives. 

See  Hu.sBAND  and  Wife;  Parent  axd  Cittt.d. 

services  rendered  by  near  relatives  presumed  gratuitous. .  1,  p.    445,  §    249 


BEINSUKANCE— BELIGION.  C785 

Beinsu^ance. 

See  l.NSCKANCE,  1, 

Belease. 

See  also  Contracts,  11;  Peeps,  1;  TrsrissTON;  Shretysiiip 

AND   GUARASTV;  JOINX  AND  ."EVKKAL    LlAJlILITIKS. 

what  is  a  release 5,  p.  423S,  §  2574 

release  uinler  seal  operates  as  an  estoppel  ajrainst  the  party 

executing  it 5,  p.  4-23S,  §2574 

cause  of  action  accruing  from  a  Lreaeh  of  covenant  cannot 

be  discharged  short  of  a  release 5,  p.  42.'58,  §  2574 

form  of  and  requisites  of  release 5,  p.  4-_>38.  §  2575 

■where  release  required  to  be  under  seal 5,  p.  4l*3S,  S  2575 

release  under  seal,  in  equity 5,  p.  4-3!),  §  2575 

sealed  release  cannot  he  varied  by  parol 5,  I>.  423!),  g  2575 

release  implied  from  delivciing  up  or  destroying  security.  5,  p.  4231),  §  2575 

a  release  imports  a  seal 5,  p.  423!),  §  2575 

release    of   debt   discharges   all   securities   held    by  creli- 

tor 5,  p.  4239,  §2576 

cannot  operate  to  extinguish  or  defeat  future  rights   or 

cl.iims 5,  p.  423!),  §2576 

release  in  general  terms   may  be  qualified  by  recitals  or 

other  matter  in  deed 5.  p.  4239,  §  2576 

covenant  not  to  sue  is  eqiiivalent  to  a  release 5,  p.  4240,  §  2577 

aliler  where  only  for  a  limited  period 5    p.  4240,  §  2577 

release  of  and  by  co-debtors  and  co  creditors 5,  p.  4241,  §  2578 

See  Joint  and  Several  LrAUiLiTiEs. 

implied  ^jower  of  attorney  to  give  release 1,  p.    290   §    173 

construction  of  "release  "  in  authority  to  agent 1,  p.      [)(>,  §      64 

extinguishment  of  pledge  by  release 4,  p.  3013,  §  1777 

deed  of   trust   cannot    be    rel  ased    by   part    of    grantees 

only 4,  p.  33S0,  §  1933 

cestui  que  trust  may   by  a  release   or  confirmation   prevent 
himself  from  taking  proceedings  against  trustees  for 

breach  of  trust 4,  p.  3476,  §  2035 

but  not  binding  on  him  unless  he  had  full   knowledge  of 

facts  of  case 4,  p.  3176,  §  2035 

a  release   of  one  wrong-doer  a  release  of  all,  though  release 

stipulates  that  others  shall  not  be  discharged. .  .3,  p.  1775,  §  1044 
a  release  by  creditor  of  stockholder's  Imbility  for  debt,  by  in- 
strument under  seal,  discharges  corporation 1,  p.    836,  §    498 

Beliction. 

See  Waters  and  Water-courses,  2. 
Beligion. 

riglit  of  parent  to  interfere  with  rights  of  consciencn   of 

child 2,  p.  147%  §    815 

religion  as  an  imjiediment  to  marriage 2,  p.  1297,  §    705 

joining  an  immoral  religious  sect,  cause  for  divorce S,  p.  1442,  §    787 


6786 


KELIGIOUS  SOCIETIES. 


Religious  Societies. 

See  also  I'liws;  Taxation. 

in  the  United  States  are  ordinary  associ'ationa 3,  p. 

how  incorporated  2,  pp.  li>l)'J, 

name  of,  right  to  change  name 2,  p. 

the  "church"  and  the  "society"  diatiiiyuishcd.2,  pp.  1094, 

majoiity  of  members  have  right  to  control 2,  pp.  lOO.'i, 

powers  of  religious  societies 2,  i)p.  109(j- 

liiibilities  of,  for  services  rendered 2,  p. 

trustees  of,  rights,  powers  and  duties  of 2,  pp.  1 101- 

of  other  officers  2,  p. 

membership,  how  acquired  and  forfeited 2,  pp.  1  lOG 

action  will  not  lie  by  member  against  one  disturbing  him  in 
his  devotions  by  loud  noises,  singing  and  talking. 2,  p. 

sexton  may  remove  from  church  undertaker  who  persists  in 
conducting  a  funeral  there  in  violation  of  rules.  .2,  p. 

member  of  church  cannot  be  expelled  without  notice  and 
hearing 2,  p. 

expelled  member  may  sue  for  share  of  property 2,  p. 

maiidumus  will  not  lie  to  compel  religious  society  to  restore 
to  membership  one  who  had  been  expelled  by  decree 
of  church  judicatory 2,  p.  1109,  §  GIG;  2, 

no  action  will  lie  against  trustees  of  society  for  expulsion 
from  church 2,  p. 

session  of  church  not  liable  to  an  action  for  libel  for  expel- 
ling person  from  membership  for  falsehood 2,  p. 

schisms  and  divisions;  right  to  property 2,  p. 

voluntary  subscriptions  to  church,  when  recoverable. .  .2,  p. 

duties,  rights  and  liab  lities  of  pastor  or  priest 2,  p. 

pastor  has  right  to  enter  church  on  all  occasions  set  apart 

for  divine  worship 2,  p. 

trustees  may  be  compelled  by  mandamus  to  admit  a  minis- 
ter duly  appointed 2,  p. 

injunction  will  lie  to  prevent  closing  doors   of   church 

against  pastor 2,  p. 

injunction  will  lie  to  restrain  clergyman  from  usurping  of- 
fice and  using  church  edifice 2,  p. 

minister  cannot  be  enjoined  from  receiving  voluntary  con- 
tributi(ms,  even  though  tleposed  by  ecclesiastical  ju- 
dicatory,   2,  p. 

pastor  may  recover  salary  by  action 2,  p. 

even  where  his  election  was  illegal 2,  p. 

term  of  pastor,  in  absence  of  and  under  special  con- 
tract  2,  p. 

priest  cannot  be  prohibited  from  exercising  his  calling  with- 
out accusation  or  hearing 2,  p. 

jurisdiction  of  civil  courts  over  religious  societies. 2,  pp.  1126- 


002,  § 

608 

093,  § 

608 

094,  § 

609 

095,  § 

610 

090,  § 

611 

09!),  § 

612 

10 ',  § 

613 

IO(i,  § 

614 

lOG,  § 

614 

lOS,  § 

615 

107,  § 

615 

lOG,  § 

614 

100,  § 

616 

109,  § 

616 

127,  § 

620 

109,  § 

616 

no,  § 

616 

110,  § 

617 

128,  § 

621 

122,  § 

619 

123,  § 

619 

123,  § 

619 

123,  § 

619 

124,  § 

619 

124,  § 

619 

123,  § 

619 

123,  § 

619 

24,  §    619 

2.5.  §    619 
28,  §    620 


609 


613 


RELIGIOUS  SOCIETIES— REMEDUES.  C787 

Religious  Societies- (Contiiued.) 

action  does  not  liu  by  priest  against  bishop  for  salary  while 

suspended 2,  p.  1123,  §    C19 

biahop  not  liable  for  money  borrowed  by  priest  for  u»e  of 

churth 2,  p.  1125,  §    019 

decisions  of  ecclesiastical  courts,  how  far  binding. 3,  pp.  1  l'.'(J-112S,  §    Gl'O 
persons  disturbing  religious   meeting  may  be  ejected  with 

f^r^e .3,  p.  1817,  §  10.J9 

before  person  can  be  turned  out  of  church  he  should    be 

refiuested  to  retire 3,  p.  1817^  §  10J9 

communi-rations  by  members  of  corporate  bodies,  churches, 
and  other  voluntary  societies  addressed  to  body  or 
any  ofTicial  thereof,  privileged 3,  p,  2^33,  §  1206 

slanders  on  clergymen,  when  actionable 3,  p.  224(),  §  12.j5 

church  halls  must  be  kei)t  in  s ife  condition 3,  p.  2006,  §  11 J2 

coiilidential  communications  between  a  party  and  his  profes- 
sional adviser,  whether  legal,  medical  or  spiritual, 
privileged 3,  p.  0305^  §  1094 

charge  by  priest  against  member  of  congregation,  made  from 

pulpit,  not  privileged 3,  p.  2326,  §  1234 

Bemaindsrs. 

See  Real  Property,  3. 
Bemedios. 

against  railroads,  see  Railroads,  6. 

of  widow  for  dower,  see  Husband  and  Wife,  9. 

for  injuries  by  water,  sci   Waters  and  Water- coJRSEa,  3. 

See  Insurance,  4. 

for  obstructions  of  easements,  see  Easements, 

in  award,  see  Arbitration  and  Award,  3. 

under  statutes,  see  Statutes,  3. 

for  breach  of  ordinance  or  by-laws,  see  Municipal  Cor- 
porations, 3. 

See  Actions;  PLEADiNa  and  Practice;  Statutes;  and  the 
different  special  titles. 

by  act  of  party,  abatement  of  nuisance 3.  p.  1 757,  §  1 033 

self-defense 3,  p.  17()3,  g  IU34 

recaption 3,  p.  1703,  §  1035 

refusal 3,  p.  Hfi.'j,  §  io35 

entry  on  land 3,  p.  17(50,  §  10.33 

distress  of  cattle,  damage  feasant 3,  p.  1 706,  §  1037 

distress 3,  p.  1706,  §  1038 

remedy  by  action  for  tort 3,  p.  1766,  §  1039 

remedies  upon  contract  regulated  by  law  of  what  place.  7,  p.  5806,  §  3734 

remedies  of  moitgagee  of  chattels  after  breach  of  condi- 
tion  , 6,  p.  5015,  §  3085 

remedies  against  corporation  for  refusing  to  allow  transfer 

of  stock 1,  p.    774,  §466 


C788  REMEDIES— RETLEVIN. 

Bemedies— (Continued. ) 

riyht  of  inortyageo,  in  addition  to  bringing  suit  to  foreclose, 
to  maintain  ejectinout  aiU-r  cuuditinn  bn<lifn,  niul 
sue  on  noto  ur  utiior  ubli;{iitiiin  at  same  time 0,  ]i  40S3,  §  3072 

remedy    of    cestui   against    truatue    fur    ue^lig<  nco    is    in 

equity 4,  i'.  3J."8,  §2028 

remedy  ugaintit  banker  for  do[)OMit  is  autiun  at  law 2,  p.     UIO,  ^    &J5 

against  stockholder  fur  failure  to  pay  ussussincnts,  see  C<;ii- 

PORKTIO.NS,  5. 

as  to  summary  prococdings.against  attorneys,  see  Attou.ney 

AND  Client,  7. 
of    servant    for    wrongful   discharge,    set    Master    and 

Servant,  2. 
Ilemoval. 

See  DoMrcii.F,;  Residence. 
Bemoval  of  Causes. 

See  CouroRATioNs,  2. 
Bent. 

See  Landlord  and  Tenant,  3. 

implied  power  ot  agent  to  rent  store 1,  p.  113,  §     72 

construction    of    "rent  and   cure    fur"    in    authority   to 

agent 1,  p.      Of),  §      64 

action  will   not  lie  by   owner   of  house  against  one   who 

maliaiously  refuses  to  emph)y  any    tunant  of  such 

house,  and  thus  prevents  the  renting 8,  p.  1714,  §  1012 

Bepairs. 

See  Waste;  Landlord  and  Tenant, 
Bepeal. 

of  statute,  see  Statutes,  4. 
Beplevin. 

See  Jcdomekt;  Pleading  and  Praotice. 

replevin  deHned 7,  p.  5G20,  §  3G39 

writ  may  be  issued  wherever  one  claims  property  in  another's 

possession .*.  .7,  p.  5fi20,  §  3G39 

is  a  possessory  action  and  docs  not  determine  title 7,  p.  ot>21,  §  3039 

when  action  of,  will  fail 7,  p.  o(i_'l,  §  3039 

replevin  distinguished  from  detinue,  trover 7,  p.  5G21,  §  3G40 

code  action  for  recovery  of  personal  property  is  substitute  for 

replevin  and  detinue 7,  p.  5G22,  §  .3041 

statutory  requisites  must  be  followed 7,  p.  5G'J2,  S  3(1(1 

in  what  cases  action  of  replevin  will  lie 7,])   '';2."!      3()42 

in  what  cases  action  of  replevin  will  not  lie 7  ,  §  3G43 

right  to  possession  of  the  property  essential 7  ..o,  §  3()'44 

who  may  and  may  not  bring  actic  >n 7        r)ii2S,  §  3(!45 

what  property  may  and  may  not  be  replevied 7.  p.  .>ii31,  S  ;,ij46 

demand,  when  necessary  in  action  of  replevin 7,  p.  0034,  >  .i()47 

what  is  and  is  not  a  good  defense  to  actiuu  of  rejilevin. .  .7,  p.  5037,  ^  3048 


' 


BErLEVIN— IlEaTAUnANT-IiEEPEIl.  C789 

Beplevin— (Continued.) 

lucasun  o  <lttiiiii,e8  in  actions  of  replevin 7.  p.  S0!4,  §  nC.">2 

exemplary  diiiiiages,  when  ttllowiil 7.  i>.  .">t>4.'i,  {j  3(152 

the  replevin  bond;  form,  rc(iiiisitis  and  ^fl'ect  of 7,  p.  i047,  §  iiG04 

And  aoe  Sukktysiiip  and  (Juauanty. 
on  dissolution  of    voluntary   aBsouiatinns  trusteeii  cannot 
maintain  replevin  agiiinst  member  to  rueovcr  conimon 

I"""PtTty 2.  p.  lOTo,  9    COO 

husband  •  liable  in  replevin   for  wife'H  unlawful  de  eiiiiui  of 

another's  chattels  under  claim  of  title 2,  y.  132D,  §    7:29 

Reply. 

See  Pleapin'o  AND  Tractick. 
Bepreseutation. 

Seel.NsuHANCK,  f;  In.scrance,  2;  False  Represen-tatioxs; 

\VARKANnii.S. 

Bepriaal. 

defined  and  illustrated 3,  p.  17C3,  §  1035 

Beputation. 

See  Evidence,  9. 

Bes  Adjudicata. 
See  .JuDCi.ME.sT3. 

Bescission. 

See  False  Hepresentatiov;  CoNTRAfTS,  11;  Release, 

implied  power  of  agent  to  nscind  contract 1.  p,     113.  §      72 

auctioneer  no  authority  to  rescind  contract 1.  p.    :WJ,  ^    217 

power  of  broker  to  rescind  sale 1,  p.    ."jy.j,  ^    224 

stockhohler  cannot  rescind  contract  tf  subscription 1,  p.    750,  ^    455 

Beservations. 
See  Ea.semknts. 
effect  and   construction  of  reservations  and  exceptions  in 

deeds  of  real  estate 5,  p.  3349,  §  2293 

Besidence. 

See  also  Domicile. 

residence  as  a  qualification  to  hold  ofTice 7,  p.  oflSO,  §  3S02 

non-resident  not  elig  ble  as  attoriiey-at-law  . .    1,  p.    20!*,  ^    127 

attorney  bringing  suit  for  non-resident  'Uue  for  costs.  .1,  p.     255,  §    153 

attorney's  authority  revoked  by  removal  from  state 

1,  p.  278,  g  IGS;  1.  p.     270,  §    1C5 

non-resident  will  not  be  appointed  guardian 2,  p.  l.:52,  §    855 

good  cause  for  removing  trustee  or  committee  of  lunatic, 

that  he  is  not  resident  of  state 2,  p.  1547,  §    848 

residence  of  corporation  is  in  state  which  created  it  and  in 

place  where  principal  office  is 1,  p,    613,  §    346 

Bdspondentia. 

See  Ships  anh  Shipping. 
Bestaurant-keeper. 
See  Innkeepkks, 


6790  RESTRAINT  OF  TRADE — REWARDS, 

Restraint  of  Trade. 
See  Co.NTKAOTS,  6. 

by-law  in  rcstiair  a  of  trade  invalid 1,  p.    806,  §    484 

Bestrictions. 

See  Keal  Pkopertt,  4. 

restraint  on  anticipation  of  wife's  separate  estate 2,  p.  13G2,  §    745 

Resulting  Trusts. 

See  Trusts  and  Trustees,  3. 
Retainer. 

personal  representative  entitled  to  give  a  preference  to  his 

own  delits  where  he  is  himself  a  creditor 2,  p.  1705,  S  1004 

executor  de  son  tort  may  not  letaiu  for  his  own  debt. .  .2,  p.  1705,  §  1004 
Retrospective  Law. 

See  CoNSTiTurioNAL  Law,  7. 
Revenue. 

every  partner  is  liable  for  violations  of  revenue  by  copart- 
ners  2,  p.  122S,  §    652 

Reversions. 

See  Real  Property,  3, 
Revival. 

See  Wills,  7. 
Revivor. 

of  corporation , 1,  p.    834,  §    508 

Revocation. 

See  ArroRNEv   and  Client;  Auctions,  2;  Principal  and 

Agent. 
of  wills,  see  Wills,  7. 
promise  to  make  gift  not  enforceable,  for  it  may  be  revoked 

by  promisor  at  any  time 3,  p.  2401,  §  1327 

Rewards. 

publication  of  advertisement  offering  rer  ard  for  information 
respecting  a  loss  or  a  crime,  or  for  doing  any  act,  is 
general  offer  to  person  who  is  able  to  give  informa- 
tion asked,  or  do  act 5,  p.  .^749,  §  2230 

acceptance  by  giving  information  or  doing  act  constitutes  a 

contract 5,  p.  3749,  §  2230 

reward  cannot  be  claimed  by  puui^c  officer  whose  duty  it 

was  to  do  what  the  reward  offered   5,  p.  3750,  §  2230 

one  who  assists  prisoner  to  escape  cannot  recover  reward  of- 
fered for  information  of  prisoner's  hiding  place.. 5,  p.  3750,  §  2230 
offer  may  be  revoked  at  any  time  before  accep  anoe  by  per- 
formance  6,  p.  3750,  §  2230 

in  Massachusetts,  offer  is  only  in  force  for  reasonable  time 

after  made 5,  p.  3750,  §  2230 

in  other  states,  offer  continues  open  until  revoked 5,  p.  3750,  §  2230 

that  an  imlividual  who  claims  for  servic»s  ilid  not  know   of 

withdrawal  when  he  rendered  service,  immaterial.  5,  p.  3750,  §  2230 


wmm 


REWARDS— SATISFACTION.  6791 

Eewards— (CoTitinned. ) 

person  need  not  have  notice  that  reward  was  offered  if  he 

performed  the  services  required 5,  p.  3751,  §  2230 

offerer  may  annex  any  conditions  to  reward  he  pleases. 5,  \>.  3751,  §  2230 
substantial  or  part  performance  entitles  person  to  the  re- 

'«'a''J 5,  p.  3751,  §2230 

finder   of   property  entitled  to  no  reward  unless  owner  has 

expressly  offered  one 3,  p.  2391,  §  1313 

where   reward    is   offered,  finder  has  lien  on  it  and  may  re- 
tain article  until  reward  is  paid 3,  p.  2391,  §  1313 

power  of  municipal  corporation  to  offer  rewards 7,  p.  G19J,  §  31)40 

Bivers. 

See  Waters  and  Watee-cocrses, 
Boada. 

See  Highways. 
Bobbers. 

See  Theft. 
Boofs. 

See  Waters  and  WATER-counsES,  5. 
Safe  Depository. 

ordinary  care  required  of  safe  depository 4,  p,  295G,  §  1729 

Sailors. 

See  Ships  and  Shipping. 
Salary. 

See  Contracts;  Offices  and  Officers;  Ppnishment;  Ser. 

VICES. 

of  officer  or  other  person  an  incorporeal  chattel  personal.  3,  p.  2il3,  §  1343 
Sales. 

See  AtrcTioNS;  Contracts,  8;    Damages;  False  Repre- 

SF.N TATIONS  ;    StATCTE    OF    FkAUDS,  6  ;    SrOFl'AOE    IH 

Transitu  ;  Warranties. 
as  to  lien  of  vendor,  see  Liens,  2. 
distinction  between  a  mortgage,  a  pledge  and  a  conditional 

8*'® 6,  p.  4090,  §  3076 

implied  power  of  agent  to  ?<cll l,  pp.  j  i;m  14^  s      73 

construction  of  "sell  "  in  au  hnrity  to  agont 1,  pp.  96  to  99,  §      65 

construction  of  "  sell  and  co  .vey  "  in  authority  to  agent.  1,  p.      9[),  §      65 

construction  of  "sell  at  retail"  in  authority  to  accent 1.  p.      {)9,  §      65 

imi)lied  power  of  attorney  to  sell  client's  property 1,  p.    290,  §    173 

ftaloon.    See  In.vkeepers. 

Salvage. 

Se  ■  .Ships  and  Shippino* 

Sample. 

See  Warranty. 

Satisfaction. 

of  mortgage,  see  MoRTQAaKS,  7. 
See  Wills.  6. 


6792 


SAVINGS  BANKS— SECRETABI. 


Savinofs   Banks. 

See  Banks  and  Bankixo,  2, 
Sawdust. 

See  Tkees. 
Schools. 

state  hag  power  to  rejiilate  education  and  schools 7,  p.  61 5S. 

right  to  exclude  colored  children  from  schools 7,  p.  fil58, 

construction  of  "  >choul " 2,  p.  1 1  SO, 

♦'  public  school  " 2,  p.  1 180, 

viaiiilnnius  will  lie  against  school  officers,  when 7,  ]>.  63.'17. 

riyht  of  teacher  to  chastise  pupil.  .7,  p.  G15S  n,  §  3000;  3,  p.  1S17, 

has  power  to  expel  scholar  for  cause 7,  p.  C159  n, 

action    will    lie    against  teacher    for    failure  to  instruct 

pupil 7,  p.  6150  n, 

reasonable  school  regulations  valid  7,  p.  (iloO  n, 

unreasonable  school  regulations  invalid 7.  p.  G159  h, 

parent   cannot    maintain   action    against   teacher  of  jiublic 

school  for  refuiing  to  instruct  his  child  as  pupil. 2,  p.  14S9, 
parent  may  compel  public  school  to  admit  child,  if  unlaw- 
fully excluded 2,  p.  1471, 

contract  to  teach  school  for  ten  months  at  a  given  rate  per 
month,     entire;   nothing    recoverable   before    end   of 

term 1,  p.    447, 

custom  of  p.aying  for  whole  quarter,  even  when  children  are 

at  school  only  part,  valid 1,  p.    4C9, 

members  of  voluntary  association  for  educational  purposes 
liable  for  wages  of  teacher  hired  by  acting  presi- 
dent   2,  p.  1072, 

slanders  on  schoolmaster,  when  actionable 3,  p.  2243, 

Seal. 

corporation  may  contract  without  seal 1,  p.    678, 

indorsement   of   certificate   of    stock    need    not    be    under 

serl 1,  p.    770. 

a  release  imports  a  seal 5,  p.  4'230, 

det'd  must  be  signed  and  sealed 5,  p.  3793, 

in  what  way  may  signature  be  made  and  who  may  sign.  5,  p.  3703, 

what  seal  is  sufficient;  when  scroll  allowed 5,  p.  370i), 

sealing  of  will,  when  essential  to  its  validity 6,  p.  5148, 

Seamen. 

See  Ships  and  Suippino. 
Sea-weed. 

deposited  upon  shore  between  high  and  low  water  mark  be- 
longs to  first  appropriator;  owner  of   adjacent   land 

cannot  maintain  trespass  therefor 6,  p.  4784, 

Secretary. 

secretary  and  treasurer  of  corporation,  powers  o.' 1,  p.    70.3. 

secretary  and  treasurer  of  corporation,  duties  of 1,  p.    703, 


§  3009 
§3909 
§  633 
§  633 
§4034 
§  1058 
§3909 

§  3009 
§3909 
§  3909 

§   819 

§    812 

§  250 
§    2G6 


§  599 
§1253 

§   405 

§  463 
§2575 
§  2270 
§2270 
§2270 
§3169 


§273? 

§    419 
§    419 


mmmmm 


1022,  § 
I'J-M,  g 
192(i,  § 
10-28,  § 
1029,  § 
I0.30,  s 

io;{],  § 

l!-32,  § 

1033,  § 

1034,  § 

1035,  § 
1935,  § 
10.S7,  § 
1938,  § 


1110 

nil 

1112 
1113 
1114 
1115 
1116 
1117 
1118 
1119 
1120 
1121 
1122 
1123 


SEDUCTIOlJ — SERVANTS.  C793 

Seduction. 

seduction  defined;  elements  of 3,  pp.  ]f)21 

Becluetion  alone  not  actionable 3,  pp.  1(122 

riylit  of  action  by  woman  seduced 3,  pp.  1924 

Kv  father 3,  pp.  ly.jQ 

by  niotlier 3.  p. 

by  other  persons 3,  p. 

■where  woman  is  of  age 3,  r-. 

statutory  remedy 3,  p. 

dffen-es  to  suit 3^  pp.  ]  930. 

mea- ure  of  dania^<»s  . ,  3,  pp.  1 9,33. 

evidence,  in  gener  1 3,  pp.  1931- 

in  aggravation    3^  p. 

in  mitigation 3,  pp.  ](j:]Q. 

rleadini; , 3,  pp.  1937- 

Self  defense. 

as  to  defamatory  statements    made    in    self-defense,    see 

Slander  .vxd  Libel,  4. 
in  case  of  animals,  see  Animals,  2;  Spring  Gun.'?. 

right  of  person  to  prevent  injury  by  exercising  right  of  .3,  p.  17C3,  §  1034 
in  case  of  master  and   servant,  parent  and   child,   husband 

and  wife 2,  p.  1471,  §811;  3,  p.  1763,  §  1034 

preventin:^  wrong-doer  from  committing  wrongful  act  does 

not  give  cause  of  action 3,  p.  1763,  §  1034 

defense  to  action  of,  that  it  was  committed  in  self  de- 
fense  3.  p.  1809,  §  1055 

limits  of  the  right  of  self-defense  in  civil  actions 3,  p.  1810,  §  1055 

no  liability  for  uiiint-iiitional  injury  resulting  from  exetcise 

of  right  of  self-defense 3,  p.  1807,  §  1053 

doctrine  that  he  who  seeks  affray  resulting  in  homicide  can- 
not avail  himself  of  the  p'ea  of  self-defense  not  apiili- 
cable  to  a  civil  s  it  for  (Limages  brought  by  represent- 
ative of  deceased 3,  p.  1723,  §  1020 

assault  and  battery  in  defense  of  property,  real  or  personal, 

justifiable 3,  p.  1812,  §  1056 

right  to  remove  intruder  from  premises 3,  p.  1812,  §  IO06 

right  to  remove  jjerson  lawfi  lly  in  premises,  after  request 

to  leave 3,  p.  1813,  §  1056 

person  not  justified  in  entering   the  land  of  another  agninst 

his  wdl  f')r  the  purpose  of  fox-hunting 3,  p.  1815,  §  1056 

a  hackman  has  right  to  use  for>  e  to  prevent  another  from 
occu[)\irig  a  po>itiiin   in   funeral  procession  to  which 

he  has  been  assigned 3,  p.  1815,  §  1056 

Separate  Maintenance. 

See  DivoucE,  1. 
Servants. 

See  Ficllow-servant;  Mastkr  avti  Seuvavt. 


G7U4 


SERVICES — SHAVINGS. 


Services. 

compensation  of  guarrlian,  see  Guardian  and  Ward;  At- 
TOUXEY  and  Client,  8;  Master  and  Servant,  I; 
Municipal  Coupouations,  2;  Pauent  and  Child,  2. 

where  no  rcquust,  express  or  implieil,  no  contract  to  pay  for 
services     reudcre ),     even     though      beneticiul     to 

party 5,  p.  37S2,  §  22G1 

.    naere  acceptance  of  beneficial  services  rendered  without  re- 
quest implies  no  promise  to  pay  for  Ihcm 5,  p.  37S2,  §  2261 

no  agreement  can  be  implied  from  consideration  performed 
against  will  of  otlier  party,  though  for  his  bene- 
fit   5,  p.  37S2,  §  2261 

services   rendered  by  member  of  family  presumed   to  be 

gratuitous 5,  p.  37S2,  §  2261 

services  rendered  gratuitously,  or  without  hope  of  compen- 
sation, except  hope  of  legacy  or  devise,  none  can  be 
recovered 5,  p.  37S2,  §  2261 

where  services  are  offered  in  manner  importing  intention  to  be 

paid  for  them,  acce^jtince  raises  promise  to  pay.  .5,  p.  3783,  §  2262 

trustees  are  entitled  to  reasonable  compensation  for  serv- 
ices   4,  p.  3470,  §  2032 

when  trustees  not  entitled  to  compensation 4,  p.  3472,  g  2032 

bailee  entitled  to  reimbursement  for  services 4,  p.  2940,  §  171S) 

compensation  allowed  to  executors  and  administrators  for 

services 2,  p.  1607,  §    990 

rights  of  guardian  to  services  of  ward 2,  p.  1501,  §    871 

presumption  that  services  of  children  are  gratuitous 

2,  p.  1486,  §  818;  2,  p.  1495,  §    823 

compensation  of  directors  of  bank 2,  p.    894,  §   520 

no  implied  promise  to  pay  president  of  ")ank  for  official  serv- 
ices, nor  can  he  recover  pi  y  upon  quantum 
meruit 2,  p. 

divorced  wife  can  recover  foi-  services  rendered  by  her  to 

former  husband  before  marriage 2,  p.  14."9,  § 

pastor  may  recover  salary  by  action 2,  p.  11 2;i,  § 

contracts  for  personal  services  will  not  be  enforced 5,  p.  42l)0,  §  2595 

Settle. 

implied  power  of  agent  to  settle 1,  p.    1 1 4,  §      73 

construction  of  "  settle"  in  authority  to  agent 1>  P<    100,  §      66 

Settlements. 

See  licsBAND  AND  WlFB. 

Set-ofi". 

Seo  Pleading  and  Practice. 
Sewors. 

See  Municipal  Corporations,  4. 
Shavings. 

See  Trees. 


903,  §    522 


804 
619 


■MfvnniMi 


■2032 


BHEEP — siiEiiirrs. 

Sheep. 

See  Antmaisi, 
Shelley's  Case. 

the  rule  in 0,  p.  4473, 

Sheriffs. 

See  SCTRETYSHIP  AND  GUARANTY. 

1.  In  General— Powers  and  Liabilitiej, 

2.  Unlawful  Seizures. 

1.  Li  General— Pouters  and  LiahiUlies. 

appointment  of  sheriffs,  how  made 7,  p.  COlO, 

though  appointment  void,  acts  of  sherill"  valid 7,  p.  60J0, 

riyht  of  sheriff  to  break  into  house  to  execute  process.  ..7,  p.  GO'JS. 

power  of  sheriff  to  make  service  of  pmcess 7,  j).  Q[)2'\ 

cannot  execute  process  outside  of  his  county 7,  pp.  <j  p-J.i,  60JG, 

may  summon  aid  to  assist  him  in  executing  writ 7,  p.  0023, 

may  and  must  take  bail  in  civil  cases 7,  p.  Go2lt, 

has  no  power  to  admit  to  bail  in  criminal  cases 7,  p.  6024, 

or  to  take  recognisance  for  appearance  of  person  arrested 

for  contempt 7,  p.  G024, 

has  no  authority  to  receive  anything  in  satisfaction  of  exe- 
cution but  legal  currency 7,  p.  GD24, 

has  no  authority  tj  receive  any  more  than  he  is  directe<l  to 

receive 7^  p.  (5324, 

power  of  sheriff  to  execute  deed  for  land  sold  by  his  prede- 
cessor  7^  p.  0024, 

sheriff  may  demand  bond  of  indemnity  before  levying  on  prop- 
erty   7.  p.  C024, 

authority  of  sheriff  is  determined  by  first  return  of  writ.  7,  p.  0025, 
sheriff  may  not  serve  process  in  caje  ia  which  he  is  inter- 
ested  7,  p.  6025, 

sheriff  must  be  always  in  attendance  on  court 7,  p.  6026, 

must  have  sufficient  deputies   to   serve   process  within  rea- 
sonable time 7_  p.  6326, 

bound  to  execute  process  against  same  defeudant  in  order 

that  writs  are  received 7,  pp.  6J2(>,  6027, 

not  bound  to  look  to  judgment,  the  execution  being  his  war- 
rant   7,  pp.  COJG.  6027, 

cannot  excuse  himself  from  the  service  of  process  because  he 

thinks  it  erroneous  or  irregubir 7,  pp.  (j02(i,  6027, 

sheriff  liable  for  neglect  of  official  duty , 7,  p.  6 J27, 

must  levy  on  sufficient  property 7.  p.  6027, 

execution  creditor  not  bound  to  point  out  property 7,  p.  6027, 

sheriff  leaves  property  in  debtor's  possession  at  his  peril.  7.  p.  6027, 

must  keep  goods  levied  on,  safely 7,  p.  6028, 

duty  of  sheriff  to  return  process  to   upper  court,    wliether 

executed  or  not 7,  p.  6  2S 

process  irregular,  but  not  void:  officer  not  a  tre3pa3i,er.7,  p.  C02S, 


C795 


§2743 


5  3S23 
§  .3823 
§  3S25 
§  3S25 
§  3S25 
§  3S25 
§  3S26 
§3825 

§  3S25 

§3825 

§3825 

§3825 

§  3825 
§  3S25 

§  3S25 
S3826 

§  3S26 

§3826 

§3826 

§  3826 
§  3826 
§3826 
§  3S26 
§  3S26 
§3826 

§3826 
§  3S26 


G703 


EnEEIFFS. 


SlieriCj— (Continue  rl .) 

aUter  as  to  sUenlf  of  another  county,  to  wliora  an  exocn- 

tioii  is  issuod 7,  p.  C023,  §  3826 

not  neue.s<>nry  tliat  an  executiua  should  reinaiu  in  hands  of 

ofricer  sixty  days 7,  p.  G023,  §  3826 

e!ieri(r  not  liiblo  to  an  action  by  a  parby  injured   by  his 

neglect  to  pres  Tve  the  peace 7,  p.  G028,  §  3826 

only  for  his  misfeasance  and   neglect  to  serve,  or  for  niali- 

ciou>ly  hindering  or  preveiiting  j)]aintiff 7,  p.  C023,  §  3826 

no  jmtitication  for  not  executing  process   that  it  is  irregu- 
lar   7,  p.  G028,  §  3S26 

liability  of  sh-^rirt'  for  making  false  return 7,  p.  C()32,  §  3828 

for  not  milking  return 7,  p.  CUoJ,  §  3839 

measure  of  damages  against  sheriOT  for  failure  to  make  re- 
turn   7,  p.  COr^S,  §  3839 

liability  of  sheriCF  for  money  collected  by  him 7,  p.  603(5,  §  3830 

■herilT  selling  property  at  auction  not  obliged  to  otLeml  to 

bid  of  insufficient  puichaser 1,  p.    372,  §    218 

attorney  personally  liable  to  sherilf  for  fee  for  serving  or 

executing  process  which  he  has  delivered  to  him  1,  p.    254,  §    153 
eherifi'  who  receives   assets  witliout  letters    an    adminis- 
trator   2,  p.  1610,  §    894 

keeper  appointed  by,  cannot  delegate  his  authority. . .  1,  p.      27,  §     27 
2.   Unliicful  Seizures. 

liability  of  sheriff  for  levying  on  property  not  that  of  defend- 
ant  7,  p.  6030,  §  3827 

rule  where  property  of  third  person  is  mixed  with  property 

of  defendant;  liability  of  sheriff  making  levy 7,  p.  6030,  §  3827 

two  corporations  of  same  name;  sheriff  levying  on  wrong  one 

a  trespasser 7,  p.  6010,  §  3327 

Bheriff  liable  for  making  exc  ssive  levy 7,  p.  6031,  §  3327 

sheriff  liable  for  levying  on  exempt  property 7,  p.  6031,  §  3827 

Ships  and  Shipping. 

See  Carriers,  8;  iNsnEANCE,  f. 

title  to  wrecks  and  abandoned  vessels 3   p.  2330,  §  1312 

what  are  "  ships  and  vessels" 3,  p.  2.547,  §  1419 

title  to  ships,  how  acquired 3,  p.  2548,  §  1420 

bills  of  sale;  registration 3,  p.  2548,  §  1420 

mortgage  of  vessel 3,  p.  2550,  §  1 421 

rights  and  liabilities  of  part  owners.  ..1,  p.  21,  §  11);  3,  p.  2  50,  §  1422 

bottomry;  respondentia 3,  p.  2551,  §  1423 

master  of  a  ship  allowed  to  fl  ig  sailors  in  proper  cases.. 3,  p.  1817,  §  1053 

rights,  powers,  and  duties  of  master 3,  pp.  255.1-2)55,  §§  1424-1425 

ship's  husband 3,  p.  25.57,  §  1426 

Bupetcargoes! 3,  p.  2557,  §  1427 

rights  and  duties  of  seamen 3,  p.  2557,  §  1423 

right  tj  wages 3,  p.  2553,  §  1429 


wmm 


mmmmmm 


SHIPPING— SLANDER  AND  LIBEL.  6797 

Shipping— (Continued.) 

what  willforfoit  wages 3.  p.  2559,  §  1430 

p.lot3,  rights  and  duties  of 3,  j,.  o-fiO,  §  1431 

liability  of  sliip  for  repairs  and  supplies 3,  p.  25G0,  §  1432 

employment  of  ship;  general  ship 3' j,   oj,;/ g  J4.J3 

charter-parties 3,' p.  2,1(JI,' §  1434 

demurrage      .    3,  p.  2.iG3.  §  1434 

cohsions,  liability  for 3,  p.  2504,  §  1435 

lights,  duty  as  to 3,  p.  25U5,  §  1436 

watch  and  lookouts 3,  p.  2500,  §  1437 

salvage,  what  is  subject  of 3,  p.  25rJ7,  §  1438 

who  entitled  to 3,  p.  25GS,  §  1439 

"'"T    ^^ 3,  p.  25.i9,  H440 

genera    average       3,  p.  25C9,  §  1441 

admiralty  jurisdiction  in  general 3   p  0570  g  J440 

torts  on  the  high  seas '."■■V.V.3;  p!  25:1,' S  1443 

father  may  sue  lu  admiralty  for  wages  of  minor  son  as  sea- 

"^"••, S,  p.  14S4,  §    818 

owner  is  liable  for  acts  of  the  crew  if  he  provides  them  and 

controlsthem         ^^  ^     517.  §    295 

charterer  13  liable  if  whole  matter  is  given  into  his  con tiol 

for  a  certain  term j   p     g^^  g    gg. 

ship   owner   not  liable  for  injury  to  his  employee  by  negli- 

gence  of  stevedore  in  loading  vessel 1°  p     51 7  §    295 

ships  are  common  carriers 4'  pi  g^^^i  §  1792 

vessels  must  be  kept  safe  for  passengers 3   „  •>(io^  s  1 1  -.i 

Ship  Brokers.  '  ^'         '  ^  """^ 

^:lr^;--\ 1,  pp.  390-393,  §    222 

authority  of 1,  pp.  390-393,  §    222 

Shipmaster.  .  o     -^ 

slanders  on  shipmaster,  when  actionable 3   „  901'}  s  loi^-j 

Ship's  Husband.  '  ^'    ^  ^'  ^  ^^^^ 

See  Ships  and  Siiipfino. 
Sickness. 

See  Act  of  God;  Disease;  Master  and  Servant  1 
Sidewalks.  ' 

See  Municipal  CoRPORATioys,  3,  4;  Negltgence. 

areas  under  sidewalk.,  liability  for  injuries  caused  by.  .3   p  20'>6  §  1159 
householder  not  liable  for  injury  to  pedestrian  from  snow  or       "  ' 

Silver.      "^^"^^'^^^'^^^'^ 3.  p.  2031,  §  1161 

See  Mines  and  Minerals. 
Sleeping-cars. 

See  Carriers,  5. 
Slander  and  Libel. 

See  Attorney  and  Client,  2;  Damages;  Evidence;  PLiADiNa 
1.  Defamation  in  General. 
Lawson  r.  &  R 4J3. 


6798 


SLANDER  AND  LIBEL. 


Slander  and  Libel— (Continutid.) 

2.  .Slanukh. 

3.  LiBKL. 

4.  Defe.vses. 

It  D  fiimition  in  General. 

defainvtion  deliued;  what  words  are  actionable 3,  p. 

ia  slauiler  ami   libol,  iuteiit  witli  wliiuli  words  were  used 

irrelevant. ...    3,  p. 

no  defense  tliat  public ition  was  made  "  in  jest  ". .  ..3.  p. 

mistake  in  publication  of  libel,  no  defense 3,  p. 

freedom  of  the  press  guaranteed  by  tlie   constitution;  cen- 
sorship abolished 3,  p. 

injunction  will  not  lie  to  restrain  publication  of  libel.  .3,  p. 

comment  and  criticism  on  public  mutters 3,  p. 

what  are  public  matters 3,  p. 

national  and  state  matters 3,  p. 

administration  of  justice 3,  p. 

conduct  of  bench,  bar  or  jury  may  be  comniented  on. .  .3,  p. 

privilege  does  not  arise  until  the  trial  is  over 3,  p. 

comment  pending  trial  a  contempt 3,  p. 

simple  daily  report  of  legal  proceedings  in  a  lengthy  case 

is  not 3,  p. 

lonal  government 3,  p. 

public  institutions 3.  ly. 

ecclesiastical  mutters 3,  p, 

literary  and  aitistic  criticism 3,  p. 

fair  criticisms  and  re*  iews  of  works  privileged 3   p. 

fair  criticisms  and  reviews  of  pictures  privileged 3,  p. 

fair  criticisms  of  public  performances  privileged 3,  p. 

public  men  and  public  events  may  be  criticised 3,  p. 

defamatory  words  not  actionable  until  published;  what  is 

and  is  not  a  publication 3,  p. 

all  persons  instrumental  in  publication  of  libul  liable.  ...3,  p. 

liability  of  principal  for  lil)el  publishe  I  by  agent 3,  p. 

liability  of  partner  for  libel  published  by  partner 

3,  p.  122b',  §  650;  3,  p. 

corporation  liable  for  libel  or  slander 1,  p. 

husband  is  not  liable  for  slanders  uttered  by  his  wife  when 

not  present 2,  p, 

session  of  churcli  not  liable  to  an  action  for  libel  for  expel- 
ling person  from  membership  for  falsehood 2,  p. 

for  libel  in  newspaper,  editor,  author,  publisher,  proprietor, 

and  printer,  all  liable,  jointly  or  severally 3,  p. 

liability  of  persons  who  repeat  or  circulate  libel 3.  p 

liability  of  persons  who  repeat  or  circulate  slander 3,  p. 

court   will   take  judicial  ntttice  of  meaning  of  defamatory 
words,  when 3,  p. 


2175, 

§1223 

2177, 

§  1224 

2178, 

§  1224 

2173, 

§  1224 

2173, 

§  1225 

2179, 

§  1225 

2181, 

§  1227 

LMS2, 

S  1223 

2183, 

§  1229 

2184, 

§  12:10 

218t, 

§  12.30 

2185, 

§  1230 

2185, 

§1230 

2185, 

§1230 

2185, 

§  1231 

218.5, 

§  1232 

2185, 

§  1233 

2185, 

§  12.34 

218.5, 

§  1234 

2181), 

§  12.34 

21S(), 

§  1234 

2186, 

§  1235 

21SS, 

§  12.36 

21!);<, 

§  1237 

21  Ul, 

§  1237 

2104, 

§  1237 

634, 

§  367 

1329, 

§  729 

1110, 

§  616 

2197, 

§  12.38 

2199, 

§  1239 

2201, 

§  1240 

2204, 

§1241 

SLANDER  AND  LIDEL.  6799 

Slander  and  Libel— (Continupd.) 

det'aiiiatoi y  wonis  eonstnieil  in  their  naHiral  sense 3,  p.  2204,  §  1241 

ordiuary  words  construed  according  to  ordinary  meanin;,'; 
teolmical  words  orlooalisius  according  to  their  techni- 
cal or  local  meaning 3^  p   220G   §  1211 

where  a  lil)ul<>us  urtiole  is  circulated  in  foreign  linguage,  not 

necessary  to  show  that  it  was  nmk'r.stood 3,  p.  2200,  §  1241 

meaning  party  intended  to  convey  irrelevant 3,  p.  22Ut),  §  1241 

evidence  adniissilde  tiiat  words  apparently  actionable  were 

not  used  in  actionable  sense 3,  p  220G,  §  1241 

opinions  as   to  moaning  or  application  of  defamatory  words, 

when  admissible 3,  p.  2207   §  1241 

the  iniiendo,  rules  as  to 3^  ,,,  22nS   i;  1"42 

the  collof  Ilium,  rules  as  to 3^  p_  oo(,^  ^  pj^o 

certainty  of  charge  in  declaration 3,  p.  221.S,  g  1243 

certainty  as  to  person  defamed 3,  p.  2213,  g  1244 

who  may  sue  for  libel  or  slander 3,  p.  2215,  §  1244 

2.   Slander. 

slander,  where  and  when  not  actionable 3,  p.  2220,  §  1245 

words  accusing  man  of  fraud,  dishonesty,  immorality  or  any 
vicious  and  dishonorable  (but  not  criminal)  conduct, 
calculated  to  wound  his  feelings  or  disgrace  him,  not 

actionable y;e;-  se 3,  p.  22f)3,  §  1205 

words  imputing  imlictable  ofTense 3,  p.  2221-2235,  §  1240 

words  imputing  contagious  disease 3,  p.  2235,  g  1247 

slanilering  one's  calling  or  office 3,  p.  2230,  g  1 248 

office  or  calling  may  be  of  any  kind 3,  p.  2237,  g  1249 

illegal  occupation  cannot  be  slandered 3,  p.  2238,  g  1250 

past  holding  insufficient ,    3^  p_  22-11,  g  1251 

words  im|>utiug  ignorance,  where  learning  and  skill  are 

retjuisite,  actinnable 3^  p.  2242   g  1 252 

or  dishonesty  where  integrity  is  indispensable 3,  p.  2243,  g  1252 

or  immorality  where  morality  is  required   3,  p.  2243,  g  1252 

or  absence  of  any  qualification  necessary  to  prospcution  of 

particular  calling  or  bedding  of  particular  office.  .3,  p   2243,  g  1252 

slanders  on  schoolmaster,  when  actionable 3,  p.  2243,  §  1253 

on  architect,  when  actionable 3,  p.  2243,  g  1253 

on  innkeeper,  when  actionable 3,  p.  2243,  §  1253 

on  servants,  when  actionable 3,  p.  2243,  §  1253 

on  shipmaster,  when  actionable 3,  p.  2243,  g  1253 

on  captain  of  ves'^el,  when  actionable 3,  p.  2243,  g  1253 

on  engineer  of  fire  department,  when  actionable 3,  p.  2243,  g  1253 

on  judges,  when  actionvble 3,  p.  2250,  g  1258 

on  attorneys,  when  actionable 3,  p,  2244,  g  1254 

on  clergymen,  when  actionable 3,  p.  2240,  g  1255 

on  mechanics  and  workmen,  when  actionable 3,  p.  2247,  g  1256 

on  merchants  and  traders,  when  actionable 3,  p.  2248,  §  1257 


G800 


SLANDER  AND  LIBEL. 


Slander  and  Libel— (Continued.) 

ou  ollicera,  when  actionable 3,  p.  2250,  §  1258 

on  physicians  and  suryeons,  when  actionable 3,  p.  2'2.>1,  §  1259 

not  actionable  where  general  reputation  is  attacked. . .  .3,  p.  22r)2,  §  12(»0 

act  referred  to  nnist  be  incident  to  calling 3,  p.  225(J,  §  1261 

and  must  be  applied  thereto     .  .    3,  p.  22.jl>,  §  12G2 

charge  as  to  particular  transaction  not  actionable   3,  p.  2258,  §  1263 

conijiarison  as  to  merits  of  professional  man  not  action- 
able   3,  p.  22C2,  §  1264 

words  imputing  uncliantity  or  adultery   to  woman,  married 

or  unmarried,  not  actionable  per  se 3,  p.  22G5,  §  1265 

3.  Libel 

libel  defined;   distinguished  from  slander   3,  j).  22C6,  §  1266 

may  be  in  writing  on  any  substance 3,  p.  221)6,  §  1266 

may  be  by  any  mark  or  sign  conveying  defamatory  mean- 
ing   3,  p.  2266,  §  1266 

illustrations:  anagram  or  allegory,  burning  in  etli^'y,  carica- 
ture or  scandalous  painting,  ehalk-mark  on  wall,  gal- 
lows placed  before  a  man's  tloor.  elli„'y,  hierogIyi)luc3, 
ironical  praise,  picture,  rebus,  statue,  notice  of  death 

of  living  person 3,  p.  2266,  §  1266 

what  libelous  words  are  actionable 3,  p.  2266,  §  1266 

any  publication  (not  oral)  which  exposes  person  to  hatred,  rid- 
icule, contempt  or  obloquy 3,  p.  2267,  §  1267 

tends  to  injure  him  in  trade  or  calling 3,  p.  2267,  §  1267 

impairs  his  standing  in  society 3,  p.  2267,  §  1267 

causes  him  to  be  shunned    or  avoided    by  his  neigh- 
bors   3,  p.  2267,  §1267 

what  are  libels  when  published  of  women 3,  p.  2271,  §  1267 

mere  general  abuse  and  scurrility  not  actionable,  if  it  does 

not  convey  degrading  charge  or  imputation 3,  p.  2274,  §  1268 

libels  on  holders  of  offices,  when  actionable 3,  p.  227(>,  §  1269 

on  judges,  when  actionable 3,  p.  2277,  §  1269 

on  jurors,  when  actionable 3,  p.  2277,  §  1269 

on  architects,  when  actionable 3,  p.  2279,  §  1270 

on  clergymen,  when  actionable 3,  p.  22S0,  §  1271 

ou  journalists  and  newspapers,  when  actionable 3,  p.  2281,  §  1272 

ou  lawyers,  when  actionable 3,  p.  2282,  §  1273 

on  medical  men,  when  actionable 3,  p.  2283,  ^  1274 

on  merchants  and  traders,  when  actionable 3,  p.  2284,  §  1275 

when  libel  on  thing,  a  libel  on  the  individual 3,  p.  2286,  §  1276 

slander  of  goods,  when  actionable 3,  p.  2293,  §  1273 

for  trader  to  pulF  up  his  own  goods,  and  decry  those  of 

rival,  no  libel 3,  p.  2287,  §  1276 

comments,  however  severe,  on  advertisements  or  handbills 

of  traders,  not  libelous 3,  p.  2287,  §  1276 

Blander  of  title,  when  actionable 3,  p.  2288,  §  1277 


1269 


BLANDER  AND  LIBEL.  C801 

Slander  and  Libel— (Continutd.) 
4.  Di'ffiiHi'g. 

See  also  Pr.rAniNO  and  PRAfTrrE. 

falseh.K.il  of  .lefiiinatory  words  is  i)rrsiimcfl 3,  j,,  2207.  §  1280 

onm  is  on  defendant  to  prove  tlieir  truth 3,  ,,.  ._.2L)7,  §  1250 

truth  of  statement  complete  defense,    even  tliou^jli   words 

were  published  spitefully  and  maliciously 3,  p.  2297,  §  12S0 

where  charge  imputes  to  plaiutid' commission  of  a  "crime, 

truth  of  rl-urge  need  not  be  piovcd  beyond  a  reason- 

.,       a''l« 'lf'"l't 3,  p.  2297.  §  12S0 

defense  must  be  specially  pleaded;  not  admis.sible  in  bar 

under  the  general  issue 3^  p   0295,  §  12S0 

justification  must  be  as  broad  as  charged 3,'  p.  2298,'  S  12S0 

general   charge   cannot  be  justified   by  proving   single  'in- 

,  stance...  3^    ^^     .^Ogg^    g    j^g^ 

Charge  of  mis-jonduct  of  a  specilic  kind  not  justiliod  by  prov- 
ing a  similar  niiHconduet 3    p  2298   §  T'SO 

partial  justification  may  be  shown  in  mitigation  of  dam- 

.  ,     /°*'^ 3,  p.  2304,  §  12S0 

defendant  may  justify  as  to  part,   and  plead  or  denuir  as  to 

,         P'"'*-.-, 3,  p.  2304,  §  12S0 

pleaofjustihcation  in  libel  estops  defendant  from  showing 

that  it  was  published  under  a  mistake 3,  p.  2305,  §  12S0 

evidence  in  mitigation  of  damages  that  it  was  general  op'in-  " 
ion  that  facts  cliargeil  were  true  not  admissible,  un- 
less the  defendant  knew  such  general  opinion.  ..3,  p.  2305,  §  12S0 
no  defense  to  an  action  of  slander  that  defendant  was  into'xi- 

.  .,  *'**"^ 3.  p  2305,  §  12S0 

pnvUeged  communications:  absolute  and  (qualified  privile.re 

.    ,.,    distinguished 3,  p.  2306,  §  12SI 

in  libel,  whether  communication  privileged  by  reason  of  the 
occasion    on    which    it    was    spoken,    question    for 

..    .     °°°''* 3,  p.  2307,  §12S1 

If  circumstances  are  in  dispute,  this  must  be  decided  bv  the 

u    ,  i"'^:  ■■,■■•■; -3.  P-  2307,  §  12SI 

absolute  privilege  for  slanderous  words  extends  to  the  presi- 
dent of  the  United  States,  and  governors  of  diflerent 

.  ^^*f;  • ;  • 3,  p.  2307,  §  12S2 

members  of  legislature  absolutely  privileged  as  to  everything 

said  or  written  by  them  as  such 3,  p.  2307   §  12S3 

whether  attaches  to  inferior  bodies  possessing  l^islative 
functions,  such  as  municipal  councils,  boards  of  super- 
visors, etc.,  doubted 3^  p  2308,  §1283 

privilege  not  extended  to  words  spoken  unofficially. . .  .3,  p.  230S,  §  1283 
witness  in  a  court  of  justice  or  judicial  proceeding  absolutely 
protected  from  responsibility  for  words  spoken  there- 
''^ 3.  p.  2308,  §  1284 


0802  BLANDER  AND  LIBEL. 

Slander  and  Libel— (Pontimipd.) 

but  matter  must  \w  |iiTtiiit'ut  to  tlio  inquiry 3,  p.  2.109,  §  1284 

noaction  cixii  liu    miiiiitniiii'il  .r'niiiHt  jud^u  for  lUifiiiiiatory 

worils,  even  though  mivl  oinusly  false 3,  [>.  'J.'JIO,  §  1285 

immunity  oxtonds  to  a  juilyo  of  an  inferior  court,  or  niii'^is- 

tnite 3,  p.  2.T  10,  8  1285 

consultation  of  jurors  in  jury-room  privileged 3.  p.  'J.'ll  I,  §  1280 

action  will  notlio  for  libel  in  grand  jurors' i)rts('iitm('iit. 3,  [).  '2',il\,  §  1280 

pleadings  and  other  papers  li  ed  by  parties  in  courne  of  judi- 
cial proceedings  are  privileged 3,  p.  2.'U1,  §  1287 

words  8|ioUcn  by  counsel  in  judicial  proceoiling  privi- 
leged  3,  p.  2314,  §  1288 

words  spoken  or  written  to  courts  martial  or  military  eouits 

privileged 3,  p.  2315,  §  1289 

qualilied  privilege  attaches  to  coniniuuication  made  liy   jicr- 

son  to  another  in  pursuance  of  duty  to  society. .  .3,  p.  2316,  §  1290 

communication  privileged  as  lietween  sender  and  receiver 
may  lose  privilege  if  sent  unnecessarily  by  postal 
card  or  telegram 3,  p.  2316,  §  1290 

sending  a  libel  by  telegraph  or  postal  card  is  a  publica- 
tion  3,  p.  2190,  §1236 

statements  made  as  to  character  of  servants,  when  privi- 
leged   3,  p.  2317,  §  1291 

answers  to  private  and  confidential  inquiries  nuide  as  to  an- 
other qualiiiedly  privileged 3,  p.  2319,  §  1292 

words  spoken  to  landlord  in  answer  to  inquiries  by  him  as 

to  character  of  a  tenant  privileged 3,  p.  2319,  §  1292 

other  illustrations  of  this  privilege 3,  p.  2319,  §  1292 

information  volunteered  by  one  person  to  another,    when 

privileged 3,  p.  2321,  §  1293 

stating  that  communication  is  made  confidentially,  or  mark- 
ing letter  "private  and  confidential,"  does  not  make 
it  privileged 3,  p.  2323,  §  1293 

where  confidential  relation  existing  between  parties,  inform- 
ation to  the  interest  of  person  to  know  may  bo  volun- 
teered  3,  p.  2325,  §  1294 

an  agent  has  right  to  give  unasked  all  he  knows  of  person 

who  is  dealing  with  his  principal 3,  p.  2325,  §  1294 

father,  guardian,  relation,  or  intinuite  friend,  may  warn 
young  man  against  associating  with  particular  indi- 
vidual, or  may  warn  lady  not  to  marry  particular 
suitor 3,  p.  2325,  §  1294 

confidential  communications  between,  a  party  and  his  profes- 
sional adviser,  whether  legal,  medical,  or  s^jiritual, 
privileged 3,  p.  2325,  §  1294 

charge  by  priest  against  members  of  congregation,  made  from 

pulpit,  not  privileged 3,  p.  2320,  §  1294 


BLANDER  AND  LIBEL.  CS03 

Olander  and  Libel— (rontinued.) 

•UtuiiiLMits  iiiado  to  olfi 'era  if  law  for  piirpnuo  of  (1i<icoverinj 
crime,  or  biiii^'iiiy  a  guilty  imsou  to  justicu,  j.riv- 
iloa'od 3.  ,,.  2:i27,  §  1295 

petitions  to  npiioiiitinf,'  jiowor  an;  jirivilcijt'il 3,  p.  'JIV-'S,  §  1293 

comiimiiic!itiiin  inivilugoil  wIuto  licfin.laiit  has  int<,T<-»t  in 
sulijuot-inatter  of  coininiiuicatioti,  aixl  jifrson  t/j 
MliDin  iiiailo  has  uoiTCHjxmiiiiij^  iiiterfst 3,  p.  2331,  §  129G 

communication  between  menibur  of  Kyiibiture  and  tUcUir 

privileged 3,  j,.  tlXi3,  §  1296 

words   spoken  of  candiibitc   for  (.(lico,  advising  eleotorn  of 

<liaraetor  of  candidate,  are  privileged 3,  p.  2333,  §  1290 

communications  ))y  meniliers  of  corporate  Imdies,  cliiindus, 
and  otlior  voluntary  societies  addre.iseil  to  body  <>r 
any  odicial  thereof 3,  p.  2333,  §  1296 

statement  made  \ty  director  of  company  to  board  ;w  ;  i  con- 
duct of  otiicera 3,  p.  2333,  §  1296 

liability  of  mercantile  aj,'eiicies  for  niak'n;,'  untrue  htate- 
ments  concerning  fliaracter,  liabits,  standing  an.!  re- 
sponsibility of  tradesmen 3.  p.  2331,  §  1296 

statements  made  in  self-defense  are  privileged 3,  p.  2.'i40,  §  1297 

occupier  of  house  may  complain  to  landlord  of  woikmon  be 

has  sent  to  repair  house 3,  p.  2310,  §  1297 

customer  may  complain  to  tradesmen   of  goods   he  supp.ies 

and  manner  in  which  he  conducts  his  business..  .S.  p.  2340,  §  1297 

owner  of  buihling  which  has  been  set  on  fire  may  caution 
persons  in  building  against  particular  persons  sus- 
jjccted  of  being  the  incendiary C,  p.  2.340,  §  1297 

officers   of    society  may  warn  iiublic   against  unauthoii/t-d 

collectors  of  money  for  them 3,  p.  2340,  §  1297 

advertisement  warning  puldic  against  negc.tiations  of  notes, 

etc.,  alleged  to  have  been  stolen,  jirivileged 3,  p.  2.341,  §  1297 

one  who  is  attacked  in  print  or  by  word  of  mouth  may  re- 
tort in  like  manner 3,  p.  2.341,  §  1297 

advertisement  notifying  public  not  to  harbor  or  trust  de- 
fendant's wife 3,  p.  2341,  §  1297 

publication  of  reports  of  judicial  proceedings  are  privile.ed, 

when 3,  p.  2.344,  §  1298 

privilege  extends  to  proceedings  in  the  nature  of  trial.-,  be- 
fore voluntary  associations 3,  p,  2344,  §  1298 

reports  of  proceedings  of  legislative  body  or  its  committee 

are  privileged 3.  p.  2349,  §  1299 

publication  of  proceedings  at  ordinary  meetings  not  privi- 
leged  3,  p.  2,3.>0,  §  1300 

what  evidence  admissible  to  prove  malice  in  actions  for 

defamation  3,  li.  2.3.52,  §  1 301 

what  evidence  not  admissible 3,  p.  2;i.")3,  §  1 301 


6804 


SLANDER  AND  LIBEL — SPECIAL  DEPOSITS. 


Slander  and  Libel— (Continued.) 

publication  of  words  of  murderer  on  gallows  not  privi- 
leged  3,  p.  2350,  §  130O 

malice,  if  proven  to   exist,  takes  away  defense  of  privi- 
lege   3,  p.  2350,  §  1301 

burden  of  proof  of  malice  in  action  'or  defamation  is  on 

plaintiff , 3,  p.  2352,  §  1301 

Slander  of  Goods. 

when  actionable 3,  p.  2287,  §  1276;  3,   !293,  §  1278 

Slander  of  Title. 

falsely  dinying  plaintiff's  title  to  property  actionable.  .3,  p.  228S,  §  1277 

statement  must  be  tort,  false  and  malicious 3,  p.  2288,  §  1277 

bona  fide  claim  to  property  by  defendant  a  defense. .  3,  p.  22S9,  §  1277 
levy  of  execution  against  one  person  ujion  lands  belonging 
to  another,  and  without  going  upon  land,  not  action- 
able   , ...  .3,  p.  228!),  §  1277 

noticetf)cliiinaninfria.;emintof  patent,  not,  when.  ..3,  p.  2289,  §  1277 

special  damage  must  have  resulted  to  plaintiff. 3,  p.  2290,  §  1277 

measure  of  damages  in  action  of 3,  p.  2291,  §  1277 

exemplary  damages,  when  allowed  in  action  of 3,  p.  2291,  §  1277 

action  fo..-  verbal  slander  of   title  to  laud  cannot  be  main- 
tained against  two  persons  jointly 3,  p.  2291,  §  1277 

slander  of  goods,  when  actionable.  .3,  p.  2287,  §  127G;  3,  p.  2293,  §  1278 
Slaughter-Houses. 

when  a  nuisance 6,  p.  4808,  §  2996 

Smells. 

when  a  nuisance 6,  P-  4865,  §  2989 

Smoke. 

when  a  nuisance 6,  p.  4859,  §  2982 

Snow. 

See  McTNicirAL  CoRroFATiONS,  4;  Negligence. 

right  of  street-car  company  to  reuiove  snow  from  track.  2,  p.  1010,  §    567 

scii'eriiig  snow  or  ice  to  gather  or  remain  on  roof;  liability  of 

owner  or  occupier  for  injury  to  passer-by 3,  p.  2031,  §  1161 

householder  not  liablo  for  injurj^  to  pedestrian  from  snov/  or 

ice  on  sidewalk 3,  p.  2031,  §  1  iGl 

even  when  he  is  rciiuired  by  ordinance  to  remove  it.  .3,  p.  2031,  S  1161 
negligence  to  allow  snow  and  ice  to  accumulate  upon  plat- 
form of  station  4,  p.  3264,  §  1912 

Soap  and  Candle  Factories. 

when  a  nuisance 6,  p.  4868,  §  2897 

Societies. 

See  Benefit  Societies;  Remgious  Societies,  Voluntary 
Associations. 
Special  Agent. 

S';e  Princii'AL  and  Aient. 
Special  Deposits.      Sec  .'anks  /»nd  Banking,  ,3. 


SPECIFIC  PERFORMANCE.  6805 

Specific  Performance. 

jurisdiction  of  equity  to  decree  specific  performance 5,  p.  4251,  §  2583 

written  contract  for  sale  of  laud   varied   by  parol  not  en- 

^  ,       ^"'■^^'^ 5,  p.  4251.  §  2583 

defendant  may  vary  contract  by  parol,  but  plaintiff  cannot 

obtain  specific  performance  with  variation 5,  p.  4251,  §  2583 

both    specific    performance    and    damages    not    generally 

,  S'"'^° ....5,  p.  4251,  §2584 

mandatory  injunctions,  when  decreed 5,  p.  4252,  §  2265 

where  person  agrees  not  to  do  certain  act,  specific  perform- 
ance  decreed  in  form  of    an    injunction  restraining 

party  from  doing  act 5,  "  4053^  §  gsso' 

author  agreeing  to  write  for,  or  actress  agreeing  to  act  only 
at  certain  theater,  court  may  decree  specific  per- 
formance  by  injunction  against  acting  at  any  other 

"\^''^*<^'" 5,  p.  4253,  §  2586 

no  specific  performance  agreed  of   contracts  that  result  in 

mere  debt,  or  claim  to  payment  of  money 5,  p.  4254,  §  25SS 

illustrations  of  contract  of   which  specific  performance  will 

not  be  decreed 5^  p,  40-5^  g  0588 

contracts  for  sale  of  lands  generally  enforced 5,  p.  4256,  §  2589 

contracts  for  sale  of  chattels  not  enforced 5,  p.  4050]  §  2590 

contracts  for  sale  of  stocks  or  bonds  not  enforced 5,  p.  425?]  §  '^'m 

exceptions 5^  ^^  ^o^,^;  g  ^Jjj^j 

agreement  to  leave  property  by  will  may  l)e  enforced.  .5,  j..  4258,  §  2oli2 
e'^iuity  will  .lecree  delivery  up  of  specific  goods  and  chattels, 

posses-ion  of  which  has  special  and  peculiar  value  to 

pai  ty  entitled g   p_  4253^  §  059.3 

specific  performance  decreed  where  there  is  a  trust 5,  p.  4-J59,  ;^  25114 

contracts  for  personal  services  will  not  be  enforced 5,  p.  42()oi  §  2595 

contracts  to  build  or  perfon  .  ork  will  not  be  enforced  .5,  p.  4260,  §  2596 
contracts  for  sale  of  good  \\  lii  of  business,  when  specifically 

enforced  by  equity 5_  p.  4061^  §  0597 

specific  performance  of  partnership  agreement  will  not  be 

'l*^'^''*^"! 5,  ]..  4262,  §  259S 

taay  be  decreed   of   contract   to   be   performed    \-\   foreign 

.<=^""try 5°,   ^.fj.^^  ^,.,-,,j, 

d.-'creting  specific  performance  is  discretionary  with  court.  5,  p.  4Jt;2,  g  2(!00 

grounds  for  refusing  specific  performance 5,  p.  4203,  g  2601 

coutract  defective  in  essential  elements  of  contract,  or  if 
voidable  for  mistake,  fraud,  or  duress,  will  not  be  en- 

^"^''^'^ 5,  p.  426.3,  g  2601 

specific   performance   of   illegal   contract   will   not    be    de- 

''•■e^l 5,  p.  42G.3,  §  2601 

specific  performance  will  not  be  decreed  of  contract  re(|iiiriiit' 
the  direct  superintendence  of  court,  nor  where  con- 
tract or  duties  to  be  performed  are  continuous. .  .5,  p.  4263,  §  2601 


(5806  SPECIFIC  PERFORMANCE. 

Specific  Performance— (Continued.) 

court  will  not  execute  contract  in  favor  of  plaintifT,  where  it 
has    no    jurisdiction    to    execute     contract     against 

him 5,  p.  42fi3,  §2602 

contract  so'ight  to  be  enforced  must  be  mutual 5,  p.  4204,  ^  2602 

unless  coiitr\ct  is  binding  at  law 5,  p.  i'2Gi,  §  2G02 

where  pl.iintiir.s  incapable  or  disqualified  from  performing 

contract,  performance  not  decreed 5,  p.  4205,  §  2603 

nor  wliere  plaintifT  himself  is  in  default 5,  p.  42G5,  §  2604 

nor  where  defendant  is  incapable  or  disqualified  to  perform 

contract 5,  p.  4267,  §  2605 

court  will  not  grant  specific  performance  where  doing  so 

would  operate  unreasonably  hard  upon  defendant. 5,  p.  4"69,  §  2606 

or  agretnient  itself  is  unreasonable 5,  p.  42G9,  §  2(i06 

or  where  decree  would  produce  injustice,  or  would  be  in- 
equitable under  all  circumstances 5,  p.  4269,  §  2606 

court  will  refuse  specific  performance  of  voluntary  or  gratui- 
tous contract  or  covenant  not  supported  by  valid  con- 
sideration  5,  p.  4270,  §2607 

court  will  refuse  specific  performance  on  ground  of  incom- 
pleteness of  terms,  or  of  uncertainty  in  construction 

or  in  application  of  terms  of  contract 5,  p.  4271,  §  260S 

plaintiff  must  prove  contract  by  clear  and  satisfactory  evi- 
dence  5,  p.  4271,  §  2608 

court   will  not    decree   specific   performance  where   decree 

would  be  nugatory  or  useless 5,  p.  4273,  §  2609 

specific  performance  of  contract  will  not  be  decreed  where 

performance  is  impossible 5,  p.  4274,  §  2609 

nor  will  specific  performance  of  optional  contract  be  de- 
creed  5,  p.  4274,  §  2609 

where  exact  performance  cannot  be  had,  equity  will  decree 
specific  performance,  with  compensation  for  defi- 
ciencies  5,  p.  4274,  §  2610 

compensa  ion  on  decree  against  purchaser 5,  p.  4275,  §  2611 

against  vendor 5,  p.  4276,  §  2612 

specific  performance  with  indemnity 5,  p.  4277,  §  2613 

contract  enforceable  under  statute  of  frauds  will  not  be  en- 
forced  5,  p.  4277,  §  2614 

but  part  performance  will  take  case  out  of  statute;    what 

not  part  performance  ....  5,  p.  4277,  §  2614 

plaintiff  may  lose  right  to  speci'  'irmance  of  contract 

by  unnecessary  delay  on  h..  .;  illustrations.  .5,  p.  4281,  §  2615 

agreement  to  arbitrate  not  specific.  "  irced 6,  [>.  52,S.l,  §  ;<323 

Siiecifio  i)erforinance  of  an  agreement  to  give  lease 6,  \>.  -1575,  §  2801 

of  sale  by  auction  may  be  decried 1,  p.     3,1S,  §    212 

to  compel  railroad  to  build  depot  as  agreed 2,  p.  1013,  §    5(19 

or  maintain  fences 3,  p.  1014,  §    5G9 


SPECIFIC  PERFORMANCE — STATUTE  OF  FRAUDS.  G807 

Specific  Performance— (Continued.) 

of  a  contract  to  convey  land  for  right  of  way 2,  p.    991,  §    551 

courts  v'ill  not  enforce  specitic  performance  of  contract  ultra 

vires,  at  suit  of  corporation 1,  p.    C29,  §    362 

but  where  corporati   ii  has  had  bonefit,  other  party  may 

enforce  it 1,  p.    G31,  §    3G5 

Spendthrifts. 

guardianship 2,  p.  1547,  §    8-18 

Spiritualism. 
See  Lnsamty. 
belief  in  spiritualism  does   not  incapacitate   one   to   make 

will 6,  p.  5133,  §31G0 

Spring  Guns. 

riyht  to  set  spring  guns  in  defence  of  property 3,  p.  190."),  §  ]  150 

liability  for  injury  caused  by  spring  guns 3,  p.  1995,  §  1 150 

Stables. 

stables  and  barns,  when  a  nuisance 0,  p.  48G9,  §  2998 

Stages. 

Sue  Carrtkur,  6. 

stage-coaches  are  common  carriers 4,  p.  3082,  §  1792 

State. 

state  or  government  cannot  be  sued  in  her  own  courts.  .7,  p.  59.'i3,  §  3787 

when  officers  of,  may  be  sued 7,  ]).  59  '3,  g  3787 

"  controversies  between  states,"   what  are 7,  p.  5953,  §  3787 

state   may  waive  its  immunity    and   allow  itself    to    be 

sued 7,  p.  59.-3,  §3787 

but  plaintiff  must  follow  remeily  provided  by  it 7,  p.  5953,  g  3787 

state  hable  for  breac.i  of  contract  by  its  public  agents.  .7,  p.  51)53,  §  3787 

may  sue  in  courts  of  any  other  state 7,  p.  51)54,  g  3787 

is  not  bound  by  statute  unless  expressly  named  therein. 7,  p.  5954,  §  3787 
can  claim  no  exemption  from  rules  of  Jaw  a2)p!icable  to  con- 
tracts between  individuals 5,  p.  3973,  §  23S1 

is  not  bound  to  pay  interest 5,  p.  4U55,  §  2434 

has  power  to  regulate  descent  and  distribution 6,  p.  5070,  g  3111 

not  estopped  by  its  grants 6,  p.  4U2,  §  2701 

may  aid  construction  of  railroad 2,  p.    9 "  1,  §    538 

may  regulate  the  running  of  railroads 2,  p.    971,  g    5,38 

cannot  grant  franchise  outside  its  limits 1,  p.    012,  §    346 

may  become  stockholder  iu  corporations 1,  p,    CIO,  §    343 

Station  Agent. 

implied  ])owers  of 1,  p.    117.  §      76 

Statute  of  Frauds. 

See  SrEciFio  Performance. 

1.  In  Genkhal. 

2.  Puo^n.sETo  Answer  for  Debt,  Defaclt,  etc.,  of  Another, 

3.  Agreements  in  Consioeration  of  ^Iakria(;e. 

4.  AOKEEMENIS  CONCEKNINO  INTERESTS  IN  LaNDS. 


6808 


STATUTE  OF  FRAUDS. 


Statute  of  Frauds— (Continued.) 
6.  Contracts  not  to  be  Performed  within  a  Year. 
6.  Goods,  Wares  and  MEucnANDisE  of  Valoe  of    Fifty 
Dollars. 

1.  In  Oeneral. 

statute  of  fr.'"»l3  in  force  in  nearly  all  the  states 5,  p.  .laST,  §  2321 

statute  does  not  void  such  contracts  as,  though  required  to 
be  in  writing,  yet  are  not  so;  only  inhibits  actions  to 
enforce  them 5,  p.  3SS7,  §  2321 

does  not  restrict  parties  from  a  voluntary  performance  of 

parol  engagements 5,  p.  3S87,  §  2321 

a  promise  whi  h  arises  by  oper.ition  of  law  not  within  the 

statute 5,  p.  3SSS,  §  2321 

nor  parol  declaration  of  trusts  in  lands 5,  ji.  SSsS,  §  2321 

nor  instruments  created  under  and  deriving  their  obligation 
from  special  statutes,  without  acceptance  or  assent  of 
party , 5,  p.  SSSS.  §  2321 

nor  executed  contracts 5,  p.  3SSS,  §  2321 

refusal  of  party  to  contract, to  fulllll  his  promise  to  put  it  in 
writing  not  such  a  fraud  as  will  take  contract  out  of 
statute 5,  p.  38SS,  §  2321 

contract  required  l>y  statute  of  frauds  to  bo  in  w-riting  can- 
not be  modified  by  parol 5,  p.  3SSS,  §  2321 

statute  of  frauds,  if  relied  on  as  defense,  must  be  pleadeil, 

or  will  be  deemed  waived 5,  p.  3SSS,  §  2321 

construction  of   statute  of  frauds  requiring  declarations   of 

trusts  to  be  in  writing 4,  p.  337G,  §  1080 

verbal  promise  of  administrator  to  pay  debts  not  bind- 
ing  2,  p.  1()S7,  §    969 

2.  Promise  to  Answer  for  D<ht  or  Di'fuult  of  Another. 

debt  must  be  one  for  which  the  other  remains  liable. .  .  .5,  p.  3SSS.  §  2322 

promise  must  be  made  to  creditor 5,  p.  388!^  §  2322 

what  agreements  are  within  statute 5,  p.  3SS<),  g  2322 

what  agreements  are  not  within  statute 5,  p.  3S'J0,  §  2322 

3.  Agreements  made  in  Consideration  of  Afarriar/e. 

mutual  agreements  to  marry  not  within  statute 

2,  p.  12SS,  §  GOo;  5,  p.  3804,  §  2323 

statute  covers  agreements  to  pay  money  or  convey  property 

or  make  will,  in  consideration  of  marriage 6,  p.  3804,  §  2323 

or  agreement  in  contemplation  of  marriage,  securing  the 
intended  wife's  property  to  lier  separate  use,  and  re- 
leasing her  claim  to  dower 5,  p.  3804,  §  2323 

verbal  contract  to  marry,  on  condition  that  anto-ntiptial 
contract  be  prepared  and  executed,  is  within  stat- 
ute   5,  p.  3805,  §  2323 

agreement  may  be  contained  in  letters  written  by  party  to 

be  charged 5,  p.  3805,  §  2323 


STATUTE  OF  FRAUDS. 


G809 


>oS7,  §  23-21 

!SS7,  §  2321 

!S87,  §  2321 

tSSS,  §  2321 
1S58,  §  2321 


ISSS,  §  2321 
ISSS,  §  2321 


iSSS,  §  2321 

ISSS,  §  2321 

ISSS,  §  2321 

!37G,  §  1980 

687,  §   im 

SSS,  §  2322 
SS!';.  §  2322 
88<»,  §  2322 
SDO,  §  2322 

S94,  §  2323 
S94,  §  2323 

594,  §  2323 

W5,  §  2323 

595,  §  2323 


Statute  of  Frauds— (Continued.) 

4.  Agreements  Concernimj  "Jnterexlx"  in  Lanih. 

verbal  contract  for  purchase  of  land  never  reduced  to  writ, 
iug,  nor  accompanied  by  payinent  of  any  part  of  pur- 
chase-money, void  under  statute 5,  p.  3895,  -5  2324 

what  contracts  are  and  are  not  witliiu  phrase  "lands,  tene- 
ments, or  hereditaments,  or  any  interest  iu  or  con- 
cerning them" 5,  p.  3895,  §  2324 

if  agreement  entire,  and  part  of  it    or  sale  of  land,  whole  is 

within  statute 5,  p.  ^'^Cl,  2  2324 

shares  of  stock  not  an  "interest  in  land"  within  stat'-'^  ot 

frauds ^  p.    779,  §    468 

authority  of  agent  to  make  contract  lor  sa's  of  lands  need 

not  be  in  writing 1,  p.       19,  §      16 

5.  "Contracts  not  to  be  Peifurmed  within  a  Year." 

statute  refers  to  such  contracts  only  as  are  incapable  of  be- 
in^'  completely  performed  w  ithiii  a  year 5,  p.  3S99,  §  2325 

contracts  which  may  be  performed  with'u  year,  or  perform- 
ance of  which  depends  upon  continyeiuy  which  may 
happen  within  year,  not  within  statute 5,  p.  3899,  §  2325 

contract  for  personal  services  for  au  iudelinite  period,  or 
term  of  years,  and  wliich  will  terminate  with  death 
of  party  making  it,  not  within  statute 5,  p.  3S99,  §  2325 

contracts  which  may  be  perfornied  within  year  on  one  side 
only,  though  they  cannot  be  performed  w  ithin  year 
on  other  side,  not  witliin  statute 5,  ]).  3899,  §  2325 

performance  within  year  will  not  enable  party  performing  to 
sue  on  agreement,  when  performance  inured  to  the 
benefit  of  another  than  other  party  to  agreement. 5.  p.  3900,  §  -325 

contracts  which  by  their  terms  are  not  to  be  fully  jier- 

formed  withiu  year,  Mitliiu  statute 5,  p.  3900,  §  2325 

contract  which  caunoi  be  performed  within  year  not  taken 
out  of  statute  because  it  may  be  terminated  or  de- 
feated within  year 5,  p.  3900,  §  2325 

what  contracts  are  and  are  not  within  statute 

5,  p.  3900,  §  2320;  5,  p.  3902,  §  2325 

6.  "Goods,  Wares  and  Merchandise^'  of  Vuliie  vf  Fi/tij  Dvllnrs. 

different  limit  of  value  in  different  states 5,  p.  3904,  §  2326 

contract  for  sale  of  articles  to  be  manufactured,  when  witliin 

statute 5,  p.  3904,  §  2326 

auction  sales  are  within  statute. . .    1,  p.    3G3,  §    216 

contract  for  several  articles,    .vch  less  in  value  than  tilty 

dollars,  but  all  together  more,  within  statute 5,  p.  3905,  §  2326 

what  are  and  are  not  contracts  for  "goods,  wares  and  mer- 
chandise "  within  statute 5,  p.  3905,  §  2326 

shares  of  stock 1,  p.    779,  §    408 

what  is  "earnest  or  part  payment  of  purchase-money ".5,  p.  3907,  §  2327 


6810  STATUTE  OF  FRAUDS. 

Statute  of  Frauds— (Continned.) 

rcL^uisitus  of  tlie  memorandum;  no  particular  form  neces- 
sary  6,  p.  3908,  §  2328 

memorandum  must  state  contract  with  reasonable  certainty, 

so  that  it  can  be  understood  without  parol  proof.  5,  p.  3909,  §  2328 

when  some  of  the  details  remain  to  be  settled,  memorandum 

not  sutRcient 5,  p.  3910,  §2328 

contract  of  sale  need  not  specify  time  or  place  of  de- 
livery   ' 5,  p.  3910,  §  2328 

memorandum  may  be  any  kind  of  writinj,';  as  a  letter,  an  in- 
voice or  bill  of  goods,  brokers'  bought  and  sold 
notes 5,  p.  3910,  §  2328 

need  not  be  addressed  c    'elivered  to   other  contracting 

party 5,  p.  3910,  §  2328 

memorandum  may  consist  of  several  writings,  if  they  are 
sufficiently  connected  together  by  internal  refer- 
ence   5,  p.  3910,  §  2328 

evidence  admissible  to  apply  references  and  to  identify  writ- 
ings referred  to 5,  p.  3910,  §  2328 

illustrations  of  "  ni'mnrandum"  held  sufficient  and  insuffi- 
cient in  particular  cases 5,  p.  3910,  §  2328 

memorandum   may  be   made    at  any  time    before     action 

brought 5,  p.  3913,  §  2328 

memorandum  must  show  parties,  promise  and  considera- 
tion  5,  p.  3913,  §  2329 

"  party  to  be  charged "  means  the  defendant  in  the  ac- 
tion  5,  p.  3914,  §  2330 

memor.indum  must  be  signed  by  part j' charged,  but  insertion 

of  the  name  in  any  juirt  of  wiiting  sufficient 5,  p.  3914,  §  23"0 

auctioneer  may  sign  meinorandum  within 1,  p.    3(io,  §    216 

requisites  of  memorandum 1,  p.    3C4,  §    216 

may  be  made  by  auctioue  r's  clerk 1,  p.    3lJ4,  §    216 

mode  of  signing,  initials,  marJ:.  printing,  pencil 5,  p.  3915,  §  23.'iO 

acceptance  or  rectipt  of  goods  retjuires  delivery  of  and  tak- 
ing possession  as  naatter  of  fact,  to  be  decided  by 
jury 5,  p.  301.-,  §  2331 

what  is  not  a  sufficient  (ielivery  and  receipt 5,  ik  391(3,  §  2331 

illustrations:  r(!ceipt  and  acceptance  held  sufficient  and  iu- 

siilficient  respectively 5,  p.  3917,  ^  2331 

delivery  of  goods  to  carrier  appointed  by  buyer  not  a  deliv- 
ery or  a  riceipt  within  s  atute  of  frauiis 5,  p.  3919,  §  2332 

delivery  to  can-ier  after  acceptance  will  satisfy  statute.  .5,  p.  3919,  ^  2o32 

delivery  to  aud  acceptance  by  authorized  agcut  suffi- 
cient  5,  p.  3919,  §2332 

delivery  to  carrier  who  has  no  independent  or  s«^arate  au- 
thority to  a»:t  for  buyer  in  acccptiug  tbrm,  iusuffi- 
cieut 5,  p.  3919,  §  2332 


STATUTE  OF  FRAUDS — STATUTES.  6811 

Statute  of  Frauds  -{Continued. ) 

coudtriictive  delivery  and  receipt  where  goods  are  already  in 

pnsseasion  of  buyer 5,  p.  3920,  §  2333 

constructive  acceptance  and  receipt  where  goods  remain  in 

possej-sion  of  seller 5,  p.  3020,  §  2334 

delivery  of  sample  of  goods  sullleient,  if  accepted  an  part  of 

bulk 5,  p.  3921,  §  2335 

sample  given  mere'y  as  specimen  of  the  i,'ood.s  contracted  de- 
livered, and  not  as  part  of  bulk,  receipt  not  suffi- 
cient  5,  p.  3921,  §  2335 

part  or  entire  performance  under  [)arol  contract  takes  rase 

out  of  statute 5,  p.  3922,  §  2336 

agreement  executed   on   one    part   not   within    statute   of 

frauds 5,  p.  3922,  §  2336 

money  or  property  advanced  on  contract  unenforceable  un- 
der the  statute  of  frauds  may  be  recovered  back  .5,  p.  3923,  §  2336 
Statute  of  Limitations. 

See  Limitations;  Mortgages,  8. 
Statute  of  Uses. 

See  Usts. 
Statutes. 

as  to  pleading  statutes,  sec  Pleading  and  Practice, 

1.  Enaci'jient  of  Statutes. 

2.  Const  KUCTiON  of  Statl'tes. 

3.  Remedies  Under  Statctes. 

4.  Amendment  or  Repeal  of  Statutes. 

5.  Miscellaneous. 

1.  Enactment  of  Statutes. 

*' Jygislature  "  does  not  include  governor 7,  p.  5902,  §  3758 

construction  of  word  "  house  " . . . , 7,  p.  5902,  §  3758 

laws  must  be  passed  by  bill 7.  p.  ."i9J3,  §  3758 

what  is  an  "act;"  what  is  a  "bill" 7,  p.  5903,  §  3758 

requirement  that  bill  be  in  articles  and  sections 7,  p.  5903,  §  3753 

iu  whiit  house  m  ly  bills  ori^'inate 7,  p.  5903,  §  3758 

in  what  house  may  bills  be  amended 7,  p.  5903,  §  3758 

must  first  be  referred  to  committee  and   reported  upon. 7,  p.  590.%  §  3758 

courts  may  presume  passage  of  act  of  legislature 7,  p.  59i)3,  §  3758 

reading  of  bills,  when  required 7,  p.  5904,  ^  3759 

necessary  vote  required  to  pass  bills 7,  p.  oOOl,  §  37(50 

8  gning  of  bills 7,  p.  59 J5,  §  3761 

approval  of  bills 7,  p.  59U5,  §  3762 

veto  of  bills 7.  p.  5905,  §  3762 

reading  liills  before  passage 7.  p.  5912,  §  3766 

publication  of  statutes 7,  p.  59U8,  §  37G3 

at  what  time  statutes  take  effect 7,  p.  5908,  §  3764 

•what  evidence  admissible  to  impeach  t!ie  valid  enactment  of 

statutes 7,  p.  5910,  §  3765 


C812 


STATUTES. 


Statutes— (Continued. ) 

oral  evidence,  when  admissible. 7,  p.  5910,  §  3765 

journals  of  the  houses,  when  admissible 7,  p.  5!)1 1,  §  3705 

enacting  clause,  construction  and  effecc  of 7,  p.  5!)I3,  §  3707 

preambles  in  statutes,  construction  and  effect  of 7,  p.  5'J13,  §  37(!8 

recitals  in  statutes,  construction  and  ellect  of 7,  p.  .')!H4,  §  3708 

provisos  in  statutes,  construction  and  ellect  of 7,  p.  r)9'21,  §  3770 

title  to  statute,  necessity  of 7,  p.  51)14.  §  37G9 

title  may  be  examined  in  construction  of  statute 7,  p.  5914,  §  3709 

title  must  not  be  broader  than  statute 7,  p.  5915,  §  3709 

uonstitutionivl   provision    that   no   law  shall  relate  to  more 
than  one  subject  or  object,  which  shall  be  expressed 

in  title 7,  p.  5915,  §3769 

illustrations  of  statutes  held  to  violate  and  not  to  violate 

this  provision 7,  p.  5917,  §  3769 

other  provisions  as  to  form  of  statutes 7,  p.  5921,  §  3771 

that  former  statutes  amended  must  be  inserted  in  act.  7,  p.  5921,  §  3771 
that  no  bill  shall  be  altered  or  amended  on  its  passage.. 7,  ]).  5921 ,  §  3771 

private  acts,  what  are  construction  and  effect  of 7,  p.  5992,  §  3772 

2.    Coiidritrtion  of  Stulntin. 

intention  of  legislature  always  looked  at 7,  p.  5922,  §  3773 

thing   within    the   intention   same   as   if  within   letter   of 

statute 7,  p.  5923,  §3773 

in  construing  statute,   courts   will   judicially  notice  its  con- 
temporary history 7,  p.  5923,  §  3773 

express  provisions  not  controllable  by  opinions  of  legislators 

who  passed  it 7,  p.  5923,  §  .3773 

where  no  exceptions  in  statute,  court  can  make  none. ..7,  p.  5924,  §  3773 
construction  acquiesced  in  for  long  time,    will  not  be  dis- 
turbed   7,  p.  5924,  §  3773 

construction  put  upon  it  by  executive  department  entitled  to 

great  weight 7,  p.  5924,  §  3773 

statutes   in  jMri   miteria,  or  relating  to  same  subject-mat- 
ter, are  to  be  taken  together 7,  p.  5924,  §  3773 

different    sections    of  same  act    must    be   construed   to- 
gether   7,  p.  5924,  §  3773 

effect  must  be  given  to  every  part  of  statute 7,  p.  5924,  §  3773 

every  part  of  statute  must  be  viewed  in  connection  with  the 

whole 7,  p.  5924,  §  3773 

general  words  in  a  statate  must  i-eceive  a  general   construc- 
tion  7,  p.  5925,  §  3773 

when  general  words  follow  specific   words  designating  cer- 
tain specified  things 7,  p.  5925,  §  3773 

words  are  to  be  taken  in  their  ordinary  and  popular  signifi- 
cation  7,  p.  5925,  §  3773 

word  used  having  definite  meaning  at  common  law,  will  be 

restricted  to  that  sense 7,  p.  5925,  §  3773 


....7 

P 

5910 

,  §  3765 

....7 

I> 

5!)11 

§  3705 

....7 

P- 

5!)  1 3 

§3767 

....7, 

P- 

5913 

§  37(i8 

....7 

P 

5i(14 

§  37(J8 

....7, 

P- 

o9_'l, 

§  3770 

....7, 

P- 

5914, 

§37G9 

....7, 

P- 

59U, 

§  3709 

....7, 

P- 

5915, 

§  3709 

to  more 

xprossed 

....7, 

P- 

5915, 

§3769 

0  violate 

...7, 

P- 

5917, 

§  3769 

...7, 

P- 

5921, 

§  3771 

act.  7, 

P- 

5!)'_>1, 

§  3771 

ge..7, 

!>• 

5921, 

§  3771 

...7, 

P- 

5992, 

§3772 

...7,  p.  5922,  §3773 
etter  of 

...7,  p.  5923,  §3773 
its  coii- 

...7,  p.  5923,  §3773 
Ljislatora 

...7,  p.  5923,  §3773 
e...7,  p.  5924,  §3773 
be   dis- 

. . .  7,  p.  5924,  §  3773 
titled  to 

...7,  p.  5924,  §3773 
ict-mat- 

...7,  p.  5924,  §3773 
ued    to- 

...7,  p.  5924,  §3773 
. . .  7,  p.  5924,  §  3773 
I'ith  the 

...7,  p.  5924,  §3773 
mstruc- 

...7,  p.  5925,  §3773 
ng   cer- 

, . .  7,  p.  5925,  §  3773 
signiti- 

..7,  p.  5925,  §3773 
will  be 
...7,  p.  6925,  §3773 


STATUTES.  6813 

Statutes—  (Continued. ) 

words  in  statute  having  two  significations 7,  p.  5925,  §  3773 

when  the  le^'i^dature  has  used  a  term  without  defining  it. 7,  p.  5925,  §  3773 
terms  in  statute  understood  according  to  ancient  acceptation, 
or  according  to  interpretation  previously  given  by  us- 
age or  j  udiuial  construction 7,  p.  5925,  §  3773 

terms  in  common  use  should  be  given  coramondaw  construc- 
tion   ' 7,  p.  5925,  §  3773 

where  wonls  are  ambiguous,  consequences  of  particular  con- 
struction may  be  regarded   7,  p.  5926,  §  3773 

considerations  of  policy  enti,tled  to  weight  only  in  cases  of 

doul)t  7,  p.  5026,  §3773 

omissions  in  statute  cannot  be  judicially  supplied 7,  p.  5920,  ^  3773 

penal  statutes  are  construed  strictly 7,  p.  5920,  5;  3773 

remedial  statutes  are  construed  literally 7,  p.  5920,  g  3773 

statutes    in    derogation  of  common  law    are    construed 

strictly 7,  p.  5926,  §3773 

statute  will  not  be  construed  as  retrospec  ive  unless  plainly 

req"i<ed 7,  p.  5307,  §  3773 

statute  will  be  construed  so  as  to  sustain   its  constitu- 

ti""''ity 7,  p.  6927,  §3773 

existence  of  facts  necessary  i^  support  statute  will  be  pre- 

^"'"^'1  7,  p.  5927,  §  3773 

statute  will  be  construed  so  as  noi   to  deprive  person  in- 
terested iu  its  construction  of  substantial  right.  .7,  p.  592S,  §  3773 
■oas  to  prom-.te   equity  and  justice,  and  not  work  public 

™i»chief 7,  p.  5928,  §3773 

statute  not  construed  to  protect  fraud 7,  p.  5yJ8,  §  3773 

statute  may  be  extended  or  restrained  by  equitable   con- 
struction   7_  p.  ,^923^  §  n773 

punctuation  of  statutes  may  be  disregarded 7,  p.  5928,  §  3773 

party  has  a  right  to  de  ision  as  to  meaning  of  statute,  in- 
dependently of  a  declaratory  act 7,  p.  5928,  §  3773 

when  statutes  construed  as  mandatory  and   when  permis- 

s^^« : 7,  p.  5928,  §3774 

statute  making  thing  void  construed  as  making  it  only  void- 

*^'« ....  7,  p.  5929,  §  3774 

statutes  adopted  from  other  states,  construction  of 

7,  p.  5831,  §  3715;  7,  p.  5929,  §  3775 
words  or  laws  iilrPddy  cone'-rued  and  afterward  used  or   rc- 

enaoted ;  construction  of 7,  p.  5929   §  ''775 

statute  may  be  valid  in  part  and  void  in  part. 7,  p.  5930,  §  3776 

that  part  of  a  statute  unconstitutional  will  not  make  remain- 

der  void,  unless  provisions  are  connected 7,  p.  5930,  §  3776 

'.  Hemcdie^ under Stitutes. 

when  statute  creates  new  right  and  prescribes  remedy,  that 

remedy  must  be  pursued 7,  p.  5932,  §3777 

Lawso.n-  R.  it  R.— 4(4. 


0814  STATUTES. 

Statutes— (Continued. ) 

summary  remedy  given  by  statute  must  bo  strictly  pur- 
sued   7,  p.  6932,  §3777 

if  no  mode  prescribed,  tliat  of  the  forum  must  be  resorted 

to    7,  p.  5932,  §  3777 

if  statute  cannot  be  enforced  under  form  of  proceeding  in  the 

court  applied  to,  statute  is  a  nullity 7,  p.  5932,  §  3777 

if  full  redress  provided  by  statute,  ec^uity  is  ousted  of  its  ju- 
risdiction   7,  p,  5932,  §  3777 

where  there  is  a  pre-existing  right,  ami  statute  gives  new 
remedy,  or  indicts  new  penalty,  they  are  cumula- 
tive  7,  p.  5932,  §  3777 

rule  dues  not  app'y  to  acts  done  by  ex[)ri'ss  authority  of  stat- 
ute for  public  purpose 7,  p.  5932,  §  3777 

party  injured  confined  to  his  remedy  under  statute  only  in 

cases  clearly  within  it 7,  p.  5932,  §  3777 

change  in  common  law  not  presumed  from  enactment  of 

statute  on  same  subject 7,  p.  5033,  §  3777 

statute  giving  new  remedy  does  not  alter  nature  of  wrong.  7,  p.  59.'53,  §  3777 
4.  Amcudment  or  Hepcal  of  Statutes. 

all  statutes  are  perpetual  unless  limited  by  their  terms. 7,  p.  5933,  §  3778 

constitutional  provisions  as  to  form  of  amending  statutes. 7,  p.  5933,  §3773 

re-enacting  general  provisions  of  prior  laws  does  not  repeal 

the  exceptions  ....    7,  p.  5934,  §  3778 

recital  in  a  statute  that  a  former  statute  was  repealed  or  su- 
perseded is  not  conclusive 7,  p.  5934,  §  3778 

whether  statute  repealed  judicial,  not  legislative,  ques- 
tion  7,  p.  59.34,  §.3778 

statute  cannot  be  repealed  by  mere  disuser 7,  p.  5934,  §  3778 

special  statute  which  adopts,  by  reference,  provisions  from 
existing  general  law,  not  necessarily  affected  by  subse- 
quent repeal  of  act 7,  p.  5935,  §  3778 

statute  cannot  be  moditied  by  one  of  earlier  or  same  date 

which  precedes  it  in  publication  of  laws 7,  p.  5935,  §  3778 

that  one  act  jjublished  day  later  than  another  does  not  im- 
ply repeal 7,  p.  5935,  §  3778 

where  repealing  statute  contains  special  saving  clause,  goi- 
eral  saving  clause  of  general  statutes  has  no  applica- 
tion  7,  p.  5935,  §  3778 

in  unconstitutional  statute  clause  attempting  to  repeal 
former  statute,  or  all  conflicting  statutes,  inopera- 
tive  7,  p.  5935,  §  3778 

unconstitutional  amendment  cannot  by  mere  implication  re- 
peal original  act 7,  p.  5935,  §  3778 

repeal  of  statutes  by  implication  not  favored 7,  p.  6935,  §  3779 

but  where  two  statutes  irreconcilably  repugnant,  prior  is 

repealed 7,  p.  5935,  §  3779 


STATUTES.  .   (5815 

Statutes— (Continued.) 

where  latter  part  of  statute  repugnant  to  former 7,  p.  5037,  §  3779 

•ubseqiient  statute  revising  whole  subject-matter  of  former 

one  repeals  it  by  implieatiun 7,  p.  5037,  §  3779 

general  statute  does  not  repeal  local  enactment  by  implic.a- 

*'""• 7,  p.  rms,  §3779 

right  of  action  given  by  statute,  repeal  takes  away  action  in 

pending  causes 7,  p.  5938,  §  3780 

legislature  has  power  to  take  away  by  statuto  ri^'lit  gi\  en 

by  statute,  unless  rights  have  become  vested 7,  p.  593S,  §  3780 

pending  personal  proceedings  based  on  statute,  cannot   pro- 
ceed after  repeal 7,  p.  5938,  §  3780 

repeal  of  penal  statute  abrogates  all  rigiits  under  it 7,  p.  5!)3!),  g  37SO 

vested  rights  not  atlected  by  repeal  of  law 7,  p.  6939,  §  3780 

repeal   of  statute   making  act  illegal  does  not    make    it 

valid 7,  p.  5040,  §  3780 

repeal  of  repealing  statute  revives  original  statute 7,  p.  5U-J0,  §  3781 

BO  does  expiration  of  repealing  statute  by  its  own  limita- 
tion  7,  p.  5040,  §3781 

lien  under  statute  not  affected  by  repeal  of  statute 6,  p.  504U,  §  309G 

re^jeal  of  usury  law  takes  away  the  defense  of  usury  in  all 
actions  thereafter    brought,   whether  contract    was 

made  before  or  after  repeal 6,  p.  4074,  §  2446 

6.  Miscellaneoua. 

contracts  to  do  acts  prohibited  by  statute  are  void 5,  p.  3991,  §  2393 

And  see  Contracts,  6. 
bill  or  note  void  by  statute  cannot  be  recovered  upon.  .4,  p.  2780,  §  160O 
when  rate  of  attorney's  compensation  is  fixed  by  statute, 

such  amount  recoverable 1,  p.     323,  §    197 

acts  or  contracts  of  corporations  in  violation  of  statutes 

void 1,  p.    C24,  §    354 

statutory  prohibition  against  corporations  exercising  powers 

not  granted  by  charter  makes  act  void 1,  p.    G25,  §    356 

person  presumed  to  have  notice  of  powers  conferred  by  stat- 
ute on  public  agent 1,  p.    182,  §    110 

dissolution  of  attachment  by  repeal  of  statute  authorizing 

it 7,  p.  5564,  §  3582 

statute  law  of  another  state  will  be  enforced,  if  not  against 
public  pohcy,  when  such  law  has  entered  into  con- 
tract  7,  p.  58:?0,  §  3715 

bond  is  governed  by  statute  in  force  at  time  of  execution. 7,  p.  5789,  §  3704 
master  liable  for  acts  of  independent  contractor  where  duly 

imposed  by  statute 1,  p.    524  §    298 

nse  of  property  which  is  a  nuisance  at  common  law  does  not 

cease  to  be  so  because  made  punishable  by  statute.  6,  p.  4832,  §  2965 
statutory   provisions  in  some  states  enlarging  liability  of 

master  for  injury  to  fellow-servant 1,  p.    5        "   310 


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6816 


STATUTES — 8UB-LETTINO. 


Statutes— (Continued. ) 

when  statutriiy  renieily  must  be  pursued 6,  p.  4S33,  §  29G5 

restriotion   of    innkeuper'a    liability   by    utatute  in   some 

states 4,  p.  3071,  §  1788 

Stay  Laws. 

when  <iii<l  when  not  constitutional 7,  p.  G077,  §  5856 

Stenographer. 

attorney  nut  liable  for  stenographer 'a  fees 1,  p.    255,  §    153 

Step  child. 

See    I'akknt  and  Cuild,  1. 
Stipulations. 

client  bound  by  stipulations  of  attorney  made  before  suit 

entered 1,  p.    279,  §    169 

Stock-bro)ier'». 

detiii<; 1,  p.  300-393,  §    222 

au  ho.  to'... 1,  p.  390-393,  §    222 

Stock  ExcLa- 1^'%. 

Beat  in  stock  exchange  may  be  disposed  of  according  to  rules 

of  «  cioty 2,  p.  1070,  §    59S;  1,  p.    805,  §   483 

Stockholders. 

See  CoupOK.'.TroN,  5. 
Stone. 

stone  and  gravel  on  land  pass  to  railroad  by  acquisition  of 

fee a,  p.    996,  §    557 

Stoppage  in  Transitu. 

dt:..ieJ:  who  may  and  may  not  exercise  right 6,  p.  4127,  §2492 

purchaser  must  be  insolvent   6,  p.  412s,  §  2493 

right  waived  if  vendor,  at  time  of  sale,  knew  of  insolvency 

of  vendee 6,  p.  4129,  §  2493 

right  continues  only  during  transit:  endj   with  delivery   of 

goods  to  purchaser 6,  p.  4129,  §  2494 

what  dues  and  docs  not  defea'  ri^ht 6,  p.  4130,  §  2495 

where  bank  discounts  customer's  note  in  case  of  insolvency, 
equitable  right  of  stoppage  in  transitu  may  be  exur- 

cist  d  by  banker 2,  p.    921,  §  526 

Streams. 

See  U'aters  and  Water-coursks. 

wood  running  in  stream  over  one's  land,  right  to 3,  p.  2335,  §  1310 

Street  Cars. 

See  CAUKIER.S,  7;  Bailroads,  3. 
Streets. 

See  HiOHWATs;  MuNiciPAi,  Corporations,  3,  4; 
Strike. 

of  employes,  when  a  defense  by  carrier  for  failure  to  de- 
liver  4,  p.  3103,81811 

Bub-letting. 

See  Lan  ulord  and  Tenant,  6. 


SUBMISSION — SUNDAY.  6817 

Subxniss'.on. 

See  Akiutration  AXD  Award, 
Subpoenas. 

See  Flkadino  and  Pkactice. 
Subrogation. 

Sue  MOKTGAOES,  (?;    SrRETYSniP  AND  GrAKAXTT. 

iusurer  lias  right  of  subrogation  t„  rights  of  insured  against 

third  parties  who  may  be  'iable  to  iuiured  for  loss. 4,  p.  .3359   S  "091 
Subscriptions,  6. 
See  CoKPOHATioxs. 
voluntary  subscriptions  to  church  or  for  charital)Ie  purposes, 

when  recoveral)le 2,  pj).  1  li2s  ll.'Jl,  §  Ci'l ;  3.  p.  2t02,  §  1327 

constructiou  of  "subscribe"  in  authority  to  anient 1    p      lui    §      66 

Sue. 

implied  power  of  attorney  to  sue 1,  p.  291,  §  17.3;  1.  p.    271,  §    lfi2 

implied  powers  .  f  corporations  to  sue  and  be  sued 1,  p.    (J.-..3,'  §    3S« 

construction  of  "sue"  Ju  authority  to  agcut 1,  p.     101    §      66 

Suicide.  •  • . .    ,  i-         ,  a 

See  lyscruAN-CR,  b. 
Summary  Proceedings. 

See  Ati'okncv  and  CLrEvr.  7;  Landlord  and  Tenant. 
Sunday. 

See  Negotiable  Instku.mkn  rs.  4. 

contracts  entered  into  on  Sun  lay  void 5,  p.  4025,  §  2411 

contract  which  could  not   be  lawfully  made  on  Sunday  can- 
not be  rescinded  on  that  day 5,  j,.  4027,  §  2411 

promise  to  repay  money  borrowe.l  on  L.rd's  daj  cannot  be 

^^'^f'^rced 5^  p.  4027,  g  04,1 

bailee's  breach  of  his  Sunday  contract  f..r  exercise  of  care  in 

Sunday  use  of  thing  bailed,  not  actionable 5,  p.  4027,  §  241 1 

partial  payment  upon  note  will  not  tuke  case  out  of  statute 

of  limitations  when  made  on  Sunday 6,  p.  4027,  §  2411 

■what  contracts  are  not  within  ht.itute  and  not  void 5,  p.  402S,  §  2411 

when  Sunday  begins  an  1  ends 5,  p.  4029  §  2411 

contracts  not  Knally  executed  on   Sun^lay  not  void  because 

some  of  terms  agreed  to  on  that  -lay 5,  p.  4029,  §  2412 

negotiable  paper  made  on  Sunday  not  void  in  hands  of  //.,«a 

Jide  holder 5,  p.  4030,  §2413 

ratification  of  contracts  made  on  Sunday 5,  p.  4031,  §  2414 

judicial  acts  performed  on  Sunday  are  vui.l 5,  p.  4o;{],  §  2415 

ministerial  acts  performed  on  Sunday  are  valid 5,  p.  4032,  §  2416 

person  injured  while  traveling  on  Sunday  cannot  recover 

damages  in  some  states 5^  n.  4032,  §  2417 

hiring  horses  on  Sunday 5    p.  4^34^  g  2418 

what  are  and  what  are  not  "works  of  necessity  or  char- 

^*y" 5,  p.  40.34,  §2419 

apprentice  cannot  be  compelled  to  work  on  Sumlay 1,  p.    4;{5,  g    234 


0818 


SUNDAY — 8UBETYSHIP  AND  GUARANTY. 


Sunday— (Continued. ) 

servant  not  obliged  to  work  on  Sunday 1,  p.    45 i,  §    255 

not  entitled  to  extra  pay  for  working  on  Siin<lay 1,  p.    454,  §    253 

where  premium  falls  duo  on  Sumlay  it  may  be  pa  d  on  fol- 
lowing day,  even  after  loss 6,  p.  3533,  §  2071 

telegraph  company  may  keep  open  office  on  Sunday. . .  .4,  p.  3333,  §  11)57 
preliminary  injunction  may  be  granted  on  Sunday,  where 

nt'cessary  for  the  prcventiou  of  irreparable  injury.  7,  p.  57SG.  §  3704 

meeting  of  stocUhiddfrs  on  Sunday,  not  illegal 1,  p.    71M,  §    477 

carrier  may  refuse  to  carry  on  Sunday , ,  4,  p.  3217,  §  1875 

carrier  agreeing  to  carry  on  Sunday  must  do  so 4,  p.  3231,  §  16i*7 

Sunday  law  will  not  excuse  passenger  who  arrives  at  his  des- 
tination on  Sunday  morning  from  demanding  and  re- 
ceiving his  baggage 4,  p.  3323  n,  §  1934 

Supercargo. 

See  Sini'S  and  SlllPPKfO. 
Supersedeas. 

See  Al'i'K.ALa. 
Supplementary  Proceedings. 

implieil  power  of  attorney  to  begin  supplementary  proceed- 
ings  1,  p.    291,  §    173 

Suretyship  and  Guaranty. 
See  Da.maues. 

1.  Is  CJeskkal. 

2.  DiHCHAKGE  OF  SuRKTIES,  IN  GeNF.RAU 

3.  SrBKOdATION  AND  CoNTKlBCTlON, 

4.  A0.MINISTKATI0N  Bonus. 

5.  A.ssiu nek's  Bonds. 

6.  ArrAciiMENT  Bonds. 

7.  Gcaudian's  Bonds. 

8.  Injunction  Bonds. 

9.  Official  Bonds. 
10.  Replevin  Bonds. 
il.  Shekiff's  Bonds. 

1.  In  General. 

some  courts  hold  that  qriasi  indorser  of  bill  or  note  is  a 

guarantor 4,  p.  2736,  §  1575 

to  make  guaranty  negotiable  as  p.irt  of  note  it  must  be  on 

note  itself  or  annexed  to  it  in  nature  of  an  allotuje.^,  p.  2737,  §  1575 

a  general  guaranty  of  negotiable  note  by  separate  and  dis- 
tinct instrument,  not  negotiable 4,  p.  2737,  §  1575 

an  oral  guarantee  of  genuineness  of  note,  or  that  note  will 

be  paid,  or  that  maker  is  solvtnt,  valid 4,  p.  2737,  §  1575 

guarantor  not  entitled  to  notice  of  dishonor 4,  p.  2»j'J2,  §  1542 

personal  ^'ability  of  stockholders  not  that  of  guarantors, 

but  an  original  liability 1,  p.    8.35,  §    493 

implied  power  of  agent  to  become  surety 1,  p.    1 14,  §      73 


45 1,  §  255 
454,  §    2J5 

.133.  §  2071 
333,  §  1957 

7SG.  §  3704 
I'M,  i  477 
217,  g  1875 
.'31,  §  lSi<7 


3  n,  §  1954 


:91,  §    173 


16,  §  1575 

7,  §  1575 

7,  §  1575 

7,  §  1575 
2,  §  1542 

5,  §    498 
4,  §      73 


SURETYSHIP  AND  GUARANTY.  6819 

Suretyship  and  Ouaranty-(Continued.) 

implied  power  of  attorney  to  give  guaranty 1   p     2S6§    171 

implied  power  of  agent  to  make  guiranty l    .,      iqj' §      (iO 

power  of  corporation  to  give  guaranty   without  consi.le'ra-" 

tion ,  _.    „  ■ 

implied    powers   of   corporation    to   guarantee   payment  of 

dividends ,  ....    „    „„_ 

.,       ,  ,  1,  p.     «.io,  §    387 

railroad  has  no  authority  to  guurantee  expenses  of  musical 

^         ^fr^, 2.p.    981,§    5.8 

power  of  broker  to  give jj,     3,,3g2"3 

president  of  bank  cannot  maintain  claim  for  guaranteeing'its 

paper,  without  pmof  of  explicit  contract 2    p     904   §    500 

implied  power  of  municipal  corporation,  to  become  surety 

..    ,    °;  8'™*°'' 7,p.fil02,§3931 

disability  of  attorney  to  become  surety  f..r  client 1,  p     o.-jo   §    143 

agent   to    insure,    not   guarantor    of    solvency    of    c.pmj.a-' 

""'^••; 1,  p.  12s  «,§     83 

presentment  for  payment  is  not   oonditiun  i.reccdent  to  lia- 

bility  of  a  person  who  has  given  guaranty  for  payment 

.    ,       °^  l^'"  l^y  acceptor 4,  p.  2G67,  §  1519 

indemnity  mortgage  cannot  be  foreclosed  until  surety  has 

been  daninilied q        40--    .;  QnrT 

promise  of  surety  to  pay  debt  for  which  V.e  is  already  lial.Ie       ""'  ^  ' 

will  not  support  mortga-e 5    ,,   37-3   .  oo-^q 

duress  of  principal  cannot  be  pleaded  by  surety 5'  p   394(j'  §  -"i? 

guaranty  insurance;  ins-  ranee  against  dishonesty  and  ne-'li- 

gence  of  employes 5?  p.  3725,  §  2204 

insurance  of  payment  of  notes  at  maturity 5  ,p.  s;.)^  §  o.>y5 

insurance  against  bankruptcy 5'     *  3-0^.'  g  .""  _ 

2.  Bisc/uiri/e  of  Sureties,  in  General.  '     "     ''  '     ""  "^ 

sureties  to  contract  of  any  kind  are  discharged  by  material 

alteration. .6.  p.  4110,  §  2481 

creditor  by  giving  time  to  or  discharging  principal  discharges 

,     ,   r1^----:--: 4,  p.  2708,  §  1617 

absolute  release  of  principal  discharges  debt  and  releases  the 

^"'■''ty 6,  p.  4110  §"482 

surety  discharged  by  creditor's  surrender  of  collateral  se- 
curities, pro  fanto  or  entirely,  according  to  value  of 
security. 5,  p.  41 10,  §  2482 

release  of  pn.perty  of  principal  on  execution  against  princi- 
pal and  surety  will  discharge  latter 5,  p  4110   §  0452 

creditor,    without  the  surety's  consent,  accepting  part 'of 

debt,  surety  is  discharged 6.  p.  41 10,  §  2482 

but  release  may  be  given  with  express  reservation  of  right 

against  surety *        ^,,.    „„ 

^         ^    .^ «.  p.  4111,  §2482 

new  agreement  of  any  kind  by  principal  with  creditor  dis- 

charges  surety 5,  p.  4111,  §  2483 


6820  STTRETISHIP  AND  GUAIIANTY. 

Suretyship  and  Guaranty— (Con cinued.) 

where  a  surety  guarantees  due  ijerfo-^inince  of  office  or  em- 
pliiyuieiit  or  agency,  miterial  alteratiuu  in  dutieb  with- 
out consent  of  surety  discharges  him 6,  p.  4113,  §  2484 

sureties  on  builder's  bond  diacliarged  by  material  change  in 

building  contract 6,  p.  4113,  §  2484 

subntitntion  of  a  new  agreement  as  to  the  mode  of  re- 
muneration    for     duties     and     services     di.scli.uges 

surety 5,  p.  4113,  §2484 

if  engagement  be  determinable  in  stipulated  manner,  sub- 
stitution  of  new   mode   of  deterniiniFt<^  it  discharg  s 

surety 5,  p.  4113,  g  .>484 

undertaking  of  additional  oflice  or  other  duties,    uidess 
materially  aO'ecting  or  altering  former,  does  not  allect 

g\iaraiitee 5,  p.  41 13,  §  2484 

concealment  of  acts  of  agent  from  knowledge  of  surety  dis- 
charges him 6,  p.  4113,  §  2484 

surety  not  dischargetl  by  act  or  conduct   of  cretlitor  which 

di)es  not  place  him  in  worse  position  than  before. 5,  p.  4115,  §  2485 
illustra'ioin  of  acts  and  dealings  held   not  to  dis( '  irge 

surety j,  p.  41 15,  §  2485 

release  of  mortgagcor  by  mortgagee;  extension  of  time  to  pur- 
chaser of  equity  releases  mortgagcor 6,  p.  4938,  §  3044 

holder  giving  time  to  or  discharging  maker  of  note  discha'ges 

surety 4,  p.  2798,  §  1617 

surety  on  note  discharged  by  judgment  in  favor  of  maker  on 

account  of  illegality  of  note 4,  p.  2799,  §  1617 

not  discharged  by  usurious  agreement  between  maker  and 

payee  for  extension  of  time 4,  p.  2799,  §  1617 

upon  death  of  one  of  makers  of  joint  note  who  signed  as 
surety  only,   his  estate  discharged  from   liability  on 

note 4,   p.  2799,  §1617 

pnma  facie,    acceptor  of   bill   is   jirincipal    debtor,    and 

drawer  and  indorsers  are  sureties 4.  p.  2799,  §  1617 

drawer  of  a  bill  is  princi[)al  as  regards  indorsers,  and  tirst 
iudorser  is  principal  as  regards  second  and  subsetjuent 

indorsers 4,  p.  2799,  §  1617 

evidence  admissible  to  show  real  relationship  of  parties. 4,  p.  2799,  §  1617 
one  executing  note,  apparently  as  principal,   but  really  as 
surety,  not  discharged  by  agreement   of   surety   with 

principal  for  extension  of  time  of  payment 4,  p.  2799,  §  1617 

purchaser  of  overdue  j'int  and  several  note  not   bound  to 

inquire  whether  any  of  makers  are  sureties 4,  p.  2799,  §  1617 

3.  Suhmyation  avd  Contribution. 

Burety  is  entitled  to  benefit  of  all  securities  for  debt  which 

are  available  for  his  indemnity 6,  p.  494(5,  §  3049 

an  assignment  of  security  not  necessary 6,  p.  4946,  §  3049 


4113,  §2484 
4113,  §  2484 

4113,  §2484 

4113,  §  .?484 

4113,  §  2484 
4113,  §2434 
4115,  §  2485 
4115,  §2485 
4938,  §  3044 

2798,  §  1617 

2799,  §  1617 
2799,  §  1617 

!799,  §  1617 
!799,  §  1617 

7!»9,  §  1617 
799,  §  1617 

799,  §  1617 
799,  §  1617 


)4(),  §  3049 
)46,  §  3049 


SURETYSHIP  AND  GUARANTY.  G821 

Suretyship  and  Guaranty— (Continued.) 

surety  who  pays  debt,  and  takes  a  conveyance  of  all  credit- 
or's interest  iu  land  mortgaged  to  secure  it,  becomes 

mortgagee 6,  j,.  4916,  §  3049 

knowledge  of  the  existence  of   tlie  security  when  the  suiety 

incurred  liability  uot  ne  essary 6.  p.  494G,  §  3049 

upon  paying  one  of  several  bon-ld,  surety  becomes  entitled  to 

be  subrogated  to  projiortionate   part  <if  security. 6.  p.  4946,  §  3049 
if  principal  has   made   mortgage   to  one  of  several  sureties, 

latter  are  entitled  to  receive  benetits  of  mortgage.6,  p.  4946,  §  3049 
if  debtor  has  made  mortgage  to  surety  l>y  way  of  indeninity, 

crrditor  is  entitled  to  benetit  of  it   6,  p.  4910,  §  3019 

surety  who  pays  mortgage  debt  cannot  foreclose,  when. 6,  p.  4917,  g  3049 
accommodation    parties   to  bills  and   notes   not  co-sunties 

and  not  entitled  to  contribution. 4,  p.  2771,  §  1594 

4.   Ailminu<tratlon  Bonds. 

administration  bond,  when  required 2,  p.  lODl,  S    9)0 

when  bond  not  required 2.  p.  lO.'U  «,  §    910 

re.iuisites  of  b<,nd 2,  p.  1(131,  §  910;  2,  p.  1U;{2,  §    911 

bond  recjuired  of  admiui-strator  before   permitted  to  sell  rial 

estate 2,  p.  1CG3,  §    911 

bond  taken  by  administrator  upon  sale  of  estate  is  propi  rty 

of  estate 2.  ji.  h;«3,  §    944 

liability  of  executor  must  be  fixed  before  sureties  liable. 2,  p,  I(;32,  g    912 

when  and  for  what  iicts  sureties  liable 2,  p.  Id.!;!,  g    913 

■when  and  for  what  acts  :,.iretics  not  liable 2,  p.  I(i:{4,  §    914 

efFect  of  irregularities  an  '.  i.iistaKes  in  bond.s 2,  p.  1(;;J3,  §    915 

inventory   and   appraiseurcnt    of   estate  a   statutory  r((iui- 

s'*e 2,  p.  1G3G,  §    916 

5.  Ax-^hpiee's  Bonds. 

statute    requiring  bond  of    assignee   for  benefit  of    crod- 

>*o" 4,  p.  3407,  §  2001 

failure  to  give,  or  defect  in  bond,  does  not  affect  assign- 

'"ent 4^  p  3407^  g  oqoi 

conveyance    of    property  by  assignee    before    filing    bond 

v"^'} 4,  p.  3407,  §2001 

provisin  in  assignment  that  assignee  si. ill  not  be  required 

to  give  a  bond,  as  provided  by  statute,  avoids  it.  .4,  p.  3407,  §  2001 
assignee   can  procure  insurance  on   property  before   tiling 

^on'^ 4,  p.  3408,  §  2001 

6.  Attachment  Bonds. 

bond    required    before    issuance    of    attachment    in    most 

st'^tes 7,  p.  5514,  §  3539 

voluntary  bond  not  required  by  statute  is  good  as   common 

I'^w'^oid 7,  p.  5514.  §3539 

deposit  of  money  cannot  be  taken  in  lieu 7,  p.  551 4^  §  3.-,39 

form  of  bond  in  general 7,  p.  5514]  §3539 


6822 


SURETYSHIP  AND  GUAIUNTT. 


Suretyship  and  Guaranty— (Continued.) 

attuuliincnt   issued  and  executed    before  filing  bond,    de- 
fective  7,  p.  5514,  §3539 

failure   to  file   bond,  no  ground  of  demurrer  to  cause  of  ac- 
tion  7,  1..  5r,14.  §  3539 

statute  fortn  for  lioud,  must  be  strictly  followed 7,  p.  5515,  §  3539 

bond  must  l>e  sealed 7,  p.  5515,  §  3539 

no  objection  that  condition   is  written   beneath    signs   and 

seals 7,  p.  5515,  §  3539 

need  not  be  given  in   presence  of  nor  approved  by  magis- 
trate who  issues  attachment 7,  p.  5515,  §  3539 

giving   of  attachment   bond   does  not  take  away  action  for 

malicious  attachment 7,  p.  5515,  §  3539 

bond  gives  defendant  remedy  where  no  malice  existed  7,  p.  5515,  §  3539 

who  nmst  execute  bond 7,  p.  55 1 5,  §  3540 

how  many  sureties  required 7,  p.  5516,  §  3541 

each  surety  must  qualify  for  whole  amount 7,  p.  551fi,  §  3541 

insufficiency  of  surety  does  not  render  writ  void 7,  p.  5516,  §  3511 

surety  must  reside  within  jurisdiction  of  court 7,  p.  55l(>,  §  3541 

who  must  be  the  obligee  of  bond 7,  [>.  551 0,  §  3542 

in  what  amount  must  bond  be  given 7,  p.  55 1  (!,  §  3543 

when  defects  in  bond  must  be  taken  advantage  of 7,  p.  5517,  §  3544 

amendment  of  bond,  when  allowed 7,  p.  5517,  §  3545 

defendant  alone  may  sue  on  bond 7,  p.  5518,  §  3546 

no  action   lies   on   bond   until    attachment    has   been    dis- 
charged  7,  p.  5518,  §  3546 

unless  defendant  was  not  served,  and  proceeding  was  rx 

parte 7,  p.  5518,  §3546 

to  maintain  an  action  on  bond,  damages  have  not  Hrst  to 

be  recovered  in  distinct  action 7,  p.  5518,  §  3546 

when  is  attachment  wrongfully  issued  or  obtained 7,  p.  5518,  §  3546 

judgment  in  favor  of  defendant  must  be  showu 7,  p.  5518,  §  3546 

if  plaintiff  in  attachment  believed  in  existence  of  facts,  at- 
tachment is  not  wrongful 7,  p.  551 9,  §  3547 

belief  immaterial  where  ground  diil  not  exist 7,  p.  5519,  §  3547 

presumjjtion  that  attachuient  was  rightfully  sued  out.  .7,  p.  55'20,  §  3548 
dissolution  </f  attachment  by   judge   conclusive  that  attach- 

men  ^  was  wrongful 7,  p.  5520,  §  3548 

measure  of  damages  in  actions  on  attachment  bonds. . .  .7,  p.  55'_M,  §  3549 

exemplary  damages,  when  r.  coverable 7,  p.  5521,  §  3549 

remote  and  speculative  damages  not  recoverable 7,  p.  5523,  §  3551 

forthcoming  bond  to  officer  levyiug  on  goods;  powers  and 

liabilities  thereunder 7,  p.  5556,  §  3579 

7.  Guardian's  Bond. 

probate  guardian  must  give  bond 2,  p.  1593,  §    881 

aliter  as  to  other  kinds  of  guardians 2,  p.  1593,  §    881 

guardians  liable  for  acts  of  each  other 2,  p.  1594,  §    881 


.  5514,  8  3539 

,  5514,  §3539 
5.-)  15.  §3.>39 
5515,  §  3539 

5515,  §  3539 

551.-),  §  35.39 

5515,  §  .35.39 
5.-)  1.5,  §  .35.39 

5515,  §3540 

5516,  §  3541 
.5510,  §,3541 
55 1 G,  §  .3541 
.55 1)5,  §  .3.541 
.55ir>,  §  3542 
55  K;,  §  .3.543 

5517,  ?  .3.544 

5517,  §.3,545 

5518,  §  3546 

5518,  §  3546 

5518,  §3546 

5518,  §,3546 
>518,  §  .3546 
'518,  §  .3540 

519,  §.3547 
519,  §  3547 
i5'-'0,  §  3548 

'520,  §  3548 
521,  §  .3.549 
521,  §.3549 
523,  §  3551 

556,  §  3579 

593,  §    881 

593,  §    881 

594,  §    881 


suKETYfiHip  AND  guara:;ty.  6823 

Suretyship  and  Guaranty— (Continued.) 

sUtute  requiring  b(.iul  from  t'u.inli.in    empoM-erefl   to  soil 

ward's   proijerty   not   SiitisHed   by   givii  g   of   undur- 

^^'"S 2,  |..  1594,  §    881 

anproductive  8uit  on  guardian's  bond  not  an  estojipcl  upon 

wanls  fc.r  recovery  of  projicrty,  or  value 2,  p.  1.594,  §    881 

neces8.iry  recitals  and  stipulations  in  gii.irdi,in'.s  bond.  .2,  p.  1594,  §    882 
bond  vali.l  altliouj,'h  conditions  not  aoconliny   to   re<juire- 

mentsofstiitute 2,  p.  1595,  §    882 

failure  to  recite  guardian's  appointment  in  condil  ion  does  not 

^'*'*t«  '* 2,  p.  1595,§    882 

nor  blank  for  initials  of  wards'  names 2,  \>.  1.VJ5,  §    882 

nor  that  it  is   delivered  to  judge  on  day  before  his  ap- 
pointment  2,  p.  1595,  §    882 

bond  of  guardian  not  void  because  signed  and  acknowled^^eil 

previou>ily  to  granting  of  onler  appointing  1  im.  ..2,  p.  1595,  §    882 

if  sureties   sign   bond,  not  essential   thrt  guardiin   sliould 

h.ive  si-jned 2,  p.  1595,  §    882 

statutory  bonds  auper-idding  conditions  contrary  to  statute 
or  not  re(iuired  by  it,  void  as  to  the  former,  but  valid 
as  to  latter 2,  p.  1595,  §    882 

bond  omitting  material  parts  of  statutory  conditions  \  alid 

as  to  what  remains 2.  p.  1 505   §    88'^ 

bond  void  at  law  enforceable  in  ecjuity .2,  i).  159,5,  §    882 

recital  in  a  guardian's  bond  of  fact  tiiat  he  is  guardian  i)ind- 
ing  both  upon   himself  and  upon  surety  in  action  on 

^""•1 S,  p.  1595,  §  882 

court  may  relax  rule  as  to  amount  in   which  sureties  shall 

justify  where  estate  is  very  largo 2,  p.  159G,  §  882 

husband  of  guardian  not  competent  surety  for  her 2,  p.  15!(i;,  §  882 

suit  may  be  brought  on  bond  before  infant  comes  of  age.  2.  p.  159(j,  §  882 
bond  covers  all  estate  of  ward  within  guardian's   possession 

or   knowledge 2,  p.  1590,  §  883 

covers  property  outside  of  jurisdiction 2,  p.  159(1,  §  883 

action   cannot   be  brought  against  guardian  until  after  pio- 

ceedings  to  account 2,  p.  1597,  §  884 

guardian's  settlement  and  discharge  res  adjiiilirota 2,  p.  1597,  §  883 

several  distinct  breaches  of  bond  may  be  joined  in  one  com- 

pJa'»t 2,  p.  1.597,  §    883 

damages  cannot  be  assessed  beyond  penalty  of  bond. .  .2,  p.  1597,  §    883 
sureties  on  guardian's  bond  liable  for  all  property  coming  in- 
to his  possession 2,  p.  1597,  §    884 

liability  does  not  cease  with  di  ath  or  resignation  of  guard- 

'^^^ •••• 2,  p.  1.597,  §  884 

extends  to  money  in  his  hands  at  time  giving  of  bond. 2,  p.  1597,  §  884 
guardian    accepting     from    predecessor    an    uncolluctable 

note 2,  p.  1598,  §  884 


682i 


SURETYSHIP  AND  GUARANTY. 


Suretyship  and  Guaranty— (Continued.) 

consent  of  Wiinl  no  excmu  for  inisapijropriation 2,  p.  159S,  §    8S4 

guardian'.s  givin;^  second  bond  doo4  not  release    sureics    on 

first a,  1).  Ij:)S,  §    834 

now  sureties  liable  for  bruaclies  of  bond  before  they  become 

sureties,  as  well  as  8ubse(juent  bre.aolius 2,  |i.  15')S,  §    884 

surety  disdiargetl,  does  not  release  him  from  liability'  which 

accrued  on  bon<l  at  time  of  discharge 2,  p.  ITiOS,  §    884 

liability  where  two  bonds  are  qivcn  in  diilcn-nt  courts  2,  p.  1  j'JS,  §    884 

suit  may  bo  brou^jht   on  additional  bond  without  regard  to 

first  bond 2,  p.  irinf>,  §    884 

sureties  not  liable  f.r  past  defaults.  .2,  p.  laOO,  §  881;  2.  p.  10U2,  §    8S5 

suit  may  be  brought  ou  bond  of  guardian  by  either  ward  or 

creditors 2,  )).  15D9,  §    884 

ward  may  maintain  bill  against  guardian  alone  tocompil  set- 
tlement of  guardian.ship 2,  \).  1500,  §    884 

sureties  may  bo  sued  witliout  first  suing  guartlian 2,  p.  l.")!)0,  §    884 

guardian  and  sureties  may  bo  joined  in  the  same  suit. .  .2,  p.  IGOO,  §    834 

sureties  liable  for  mouey  imprudently  loaned  by  guard- 
ian  2.  p.  IGOO,  §    884 

where  on  order  for  sale  special  bond  is  given,  and  guardian 
does  not  account,  the  sureties  on  special  bond,  and 
not  those  on  the  general  bond,  liable 2,  p.  IGOO,  §    834 

in  absence  of  fraud,  sureties  on  bond  eouoludod  by  final  set- 
tlement in  probate  court 2,  p.  IGOO,  §    884 

sureties  not  liable  for  property  unlawfully  received  by  guard- 
ian   2,  p.  1G02,  §    835 

nor  for  work  and  labor  done  by  ward  for  guanlian.    . .  .2,  p.  1G02,  §    885 

nor  for  non-payment  of  a  note  given  by  guardian  for  board 

and  tuition  of  ward 2,  p.  IG02,  §    835 

heirs  of  a  deceased  surety   on  guardian's  bond  not  liable 

jointly  with  prinei|)al  on  bond 2,  p.  1C02,  §    885 

ward  after  majority  failing  for  an  unreasonable  time  to  bring 

suit  on  bond,  sureties  are  disciiarged 2,  p.  1G02,  §    835 

surety  can  make  only  the  same  defenses  to  ward's  action 

that  principal  could 2,  p.  IG02,  §    885 

8.  Injunction  Bond. 

statutory  bond  must  be  given 7,  p.  5789,  §  3704 

bond  is  governed  by  statute  iu  force  at  time  of  execu- 
tion  7,  p.  5789,  §  3704 

where  conditions   are  prescribed  by  statute,  any  in  execsn 

are  not  binding 7,  p.  5789,  §  3704 

injunction  granted  ou   "  u^ual '•.erms "  means   after  giving 

of  bond 7,  p.  5789,  §  3704 

in  absence  of  statutory    conditions,    court  may   proscribe 

them 7,  p.  5789,  §  3704 

failure  to  give  bond  no  ground  for  refusing  final  decree..  7,  p.  5789,  §  3704 


,  p.  1593,  §    834 

on 

.  p.  \r>lS,  §    884 
tiio 

,  p.  1508,  §    884 
ich 

.  p.  1508,  §    884 
,  p.  15118,  §    884 

to 

p.  l'nf>,  §    834 
,  It.  1G02,  §    885 

or 

p.  151)9,  §    834 

Bt- 

p.  1509,  §  884 
p.  1509,  §  884 
p.  IGOO,  §    884 

•a- 

p.  ICOO,  §    884 
nn 
ul 

p.  IGOO,  i;    834 

t- 

p.  IGOO,  §    884 

1- 

p.  1002,  §    835 

p.  IGU2,  §    885 

d 

p.  1G02,  §    885 

!e 

p.  1002,  §    885 

g 

p.  1G02,  §    835 

).  1002,  §    885 

).  6789,  §  3704 

••  5789,  §  3704 

'.  5789,  §  3704 

r 
» 

•  5789,  §  3704 

I 

•  5789,  §  3704 

•  5789,  §  3704 


SURETYSHIP  AND  GUARANTY.  (5825 

Suretyship  and  Guaranty -(rontiniied.) 

insiitlicifiicy  of  bond  no  ground  for  dissolution 7.  p   57S9,  §  3704 

no  piirticuliir  sum  neeil  lio  inciitionod  in  bou<l 7,  p.  .-,7  !»^  ^  37^4 

but   wliore   sum    is    uiiMitionud     rocovury   is    limited    to 

*'"^' 7,  p.  i>:$d.  §3704 

whero  sureties  do  not  join  in  appo:il,  validity  of  bond  c.muot 

bu  (luestioned  in  appellate  court 7,  p.  old'O,  §  3704 

methods  for  ouforoeinent  of  obligations  of  sureties  on  injunc- 
tion bonds  similar  ta  tlioso  relating  to  sureties  on 
Other  bonds 7    j,  5;g0,  §  3704 

in   doubtful   cases   construotion    will  be  put    upon   bond 

m.re  favorable  to  obligor 7,  p.  5790,  §  3704 

parol  evidenuo  not  admissible  to  add  to,  vary,  or  contra- 
diet  liability  of  surety  on  bond 7,  p.  5790,  §  3704 

sureties  are  bound  by  deeree    in   injunction  suit,  and  eau- 

not  attack  its  validity 7,  j,.  5790^  §  3704 

*cti(m  at  l.iw  is  means  of  enforcing  suretiea'  liability. .7,  p.  5790,  §  3704 

until   sued   on    bond   sureties    have  no   such    interest   in 
original  suit  as   entitles    them   to   prosecute  an  ap- 

,      P^'^' 7,  p.  5790,  §  3704 

action  lies  by  defendant  a^'ainst  v»hom  injunction  has  been 

improperly  issued,  in  addition  to  remedy  on  bond. 7,  p.  5791,  §  3704 
action  on  bond  accrues  immediately  on   fadure  to  comply 

with  conditi.ms 7^  p.  5791,  §  3704 

must  be  linal  determination  of  cause  in  which  injunction  is- 

.■"•'^ 7,  p.  5791,  §  3704 

no  action  can  be  maintained  during  pendency  of   an  appeal 

from  a  decree  dismissing  suit 7,  p.  5791    §  3704 

where  pliiintiDF  voluntarily  dismi-ses  his  suit  after  obtaining 
preliminary  injunction,  defendant's  action  on  bond  ac- 
crues at  once 7.  p  5791.  §3704 

no  action  will  lie  until  injunction  actually  in  force 7,  p,  5791,  §  3704 

nor  where  injunction  suit  discontinued  by  agreement. 7,  p.  5791,  §  3704 

merits  of  injunction  suit  cannot  be  iuciuired  into  in  an  action 

on  bond  after  dissolution   7^  p,  5791^  §  3^04 

action  may  be  maintained  upon  bond,  notwithstanding  that 
bill  for  an  injunction  was  dismissed  for  want  of  pros- 

f"*'"° 7.  p.  579),  §  3704 

demand  of  payment  not  necessary  before  bringing  suit.  .7,  p.  5791,  §  3704 
question  whether  plaintifl's  obeyed  or  disobeyed  writ  imma- 

^.  *^''''\ 7,  p.  5791,  §3704 

practice  and  mode  of    assessing    damages  on    injunction 

^'"''\ 7.  p.  5791,  §  3704 

damages  subsequent  to  final  degree  not  recoverable  th.mgh 

reversed  on  appeal 7^  p,  5790  g  3704 

measure  of  damages  in  action  on  injunction  bond 7,  p.  5793,  §  3704 

remote  and  consequent  damages  not  recoverable 7,  p.  5733^  §  3704 


0826 


SURKTYaillP  AND  GUAIIANTY. 


Suretyship  and  Guaranty— (Continued.) 

touiisel  feos  wliuu  reuovorahlo 7,  p.  {5795,  §  3"04 

0.  OJirial  liimiU. 

oiliuer  miiiit  give   statutory   bond   before   entering  on  of- 
fice  7,  p.  508.1.  §3S05 

and  nuist  show  that  bond  w.i8  duly  aj^jroved 7,  p.  S'.'S.'J,  §  3S05 

oflioor  tdocted  for  new  term,  old  suiutiui  not  liiil)lo. .  .7,  p.  oDS.t,  §  3805 
■urutiea  oannot  sot  up  tliat  bond  was  delivered   on  condi- 
tions thiit  were  not  performed 7,  p.  5'.)S;<,  §  ;ivS05 

unless  obliyee  had  notice  of  such  conditions 7,  p.  5!)SH,  §  USOo 

giving  of  bond  ii  adnii.sHion  of  appointment  to  oflico.  .7,  p.  51)84,  §  3803 
bond  Hubstantiully  in  conformity  with  statutes  is  a  good 

statutory  bond 7,  p.  5984,  §  3S03 

liability  dates  from  time  of  delivery,   and  not  of  lueept- 

anco 7,  p.  5?84,  §3805 

essential  that  bonds  should   be   duly  delivered   and  ac- 
cepted  7,  p.  5984,  §3805 

sureties  cannot  set  up  that  its  approval  by  proper  oUicer 

was  defective 7,  p.  5984,  §  3S05 

when  approval  a  judicial  and  when  a  ministerial  act. .  ..7,  p.  5985,  §  3805 
duty  of  jud;j;e  to  examine  su^«picious  circum.stances  before 

approval 7,  p.  5985,  §  3805 

■tatutory  bond  with  conditions  in  excess  of  statutory  con- 
ditions   7,  p.  5985,  §  3305 

sureties  liable,  though  prineipil  has  not  signed 7,  p.  5985,  §  .'{805 

sureties  Table  for  robbery  of  oiruer,  when    7.  p.  5985,  §  3S05 

sureties  liable  for  money  lost  by  failure  of  bank 7,  p-  5986,  §  3805 

bond  extends  until  appointment  of  successor,  when.  ..7,  p.  59S3,  §  3805 
bond  not  void  because  sureties  not  residents  as  re(piired 

by  law 7,  p.  5980,  §  3805 

variance  in  bond  from  statute  when  not  material 7,  p.  598ti,  §  3805 

10.  licplevin  Bonds. 

taking  of  bond  as  prerequisite  to  service  of  writ 7,  p.  5G43  n,  §  3654 

bond  must  be  attested  by  court  approving  it 7,  p.  5648  n,  §  3654 

oinissi(ui  of  name  of  defendant  fatal  defect 7,  p.  5tj48  n,  §  3654 

bond  is  void,  the  writ  being  void  by  reason  of  demand  being 

beyond  jurisdiction 7,  p.  5643  n,  §  3654 

undertaking  rei^uires  no  further  consideration  than  claim 

itself 7,  p.  56t3,  §3654 

execution  of  bond  gives  right  of  po.ssession  to  defendant  7,  p.  5G43,  §  3654 

if  bond  insufficient,  new  one  may  be  ordered 7,  p.  5648,  §  3654 

sheriff  is  a  trespasser,  if  he  fails  to  take  bond   in  double 

real  value  of  goods 7,  p.  5648,  §  3654 

sureties  cannot  controvert  validity  of  jud^^ment 7,  p.  5648,  §  3654 

in  action  against  sureties,  ownership  and  ri^ht  to  possession 

and  value  of  property  are  rea  adjudiccUa 7,  p.  5643,  §  3654 


p.  5795,  §  3704 

if. 

p.  SOS.I,  §  3305 
p.  5!t83,  §  3S05 
p.  5118.1,  §  3805 

li- 

;».  59S3,  §  3805 
p.  5!»S3,  §  3805 

p.  6984,  S  3805 

(1 

p.  5984,  §  3S05 

t- 

p.  5084,  §  3805 

c- 

p.  5984,  §  3805 

!r 

p.  5984,  §  3805 

|>.  59cJ5,  S  3805 

e 

p.  5985,  §  3805 

1" 

?.  5985,  §  3305 
1.  5985,  §  3805 
>.  5985,  §  3805 
)•  5986,  g  3805 
).  59S5,  3  3805 
I 

'.  598G,  §  3805 
'.  598lj,  §  3805 

5G43  n,  §  3654 
>G4S  «,  §  3054 
5(J48  n,  i  3054 

•043  n,  §  3654 

5G48,  §  3054 
5648,  §  3654 
5643,  §  3654 

5648,  §  3654 
5648,  §  3654 

5643,  §  3654 


BURETYSIIIP  AND  GUARANTY.  6827 

Suretyship  and  Ouaranty  -  (Contimicil.) 

Burcty  not  eiititlt  il  to  imtice  to  ilifiml 7.  p.  5640,  §  3354 

liublu  fur  ill  I^riiiunt  oiifLHsod  tliu  Mnniu  as  for  juiIkiii<  nt 

on  vcnlict 7,  p.  r.lUO,  S  3654 

fstoiiiH'il  by  recitals  in  boiuls 7.  i>.  50 19,  ti  ,'{054 

dtifeuiiu  cannot  ho  act  up  for  tir^t  time*  in  action  ou  ru-dcliv- 

ory  Ixinil 7.  p.  5(;49.  §  .3654 

•uroties  liable  through    irregularities   in  prosecution  of  Huit 

or  (kfc'cts  in  bond 7,  p.  5649,  §  3654 

if   property   is  loat  upon  trial,  jinlgnient  will  be  given   on 

bond , 7.  p.  5(;40,  S  3C54 

no  action  lies  on  bond  until  jud^'imiit  rendered  in  suit. 7,  p.  .">(>*!•,  S  .■{(i.')4 
alitir  wlien  action  is  dismissed  or  not  prosecuted 7.  p.  ")<>49,  «;  ;t(I.")4 

dismissal  of  action  is  breach  of  bond 7,  p.  5(1  J9,  §  3(i54 

HO  is  failure  to  return  proputty  after  dismissal 7    ]'.  Sti-A),  §  3654 

after  suit  is  compromised,  no  suit  can    be   maintained    c.n 

bond 7,  ]).  5('»50,  §  3054 

surety  is  liable  for  damages  and  costs  of  suit,  aa        .1  as  for 

return  of  property 7,  ji.  5{','Jij,  §  3G54 

exccuii.i  I  cannot  issue  against  sureties  in  replevin  for  laigi  r 

amount  than  bond 7,  p.  .'lO.'l,  §  3654 

recitals  in  bond  are  evidence  of  value  of  projuity 7,  \>.  ."i(i.")l,  §  3()54 

moiisure  of  damages  in  action  on  replevin  bonds 7,  p.  .")6."il,  §  3654 

action  on  bond  cannot  be  maintained   by  one  neither  party 

to  replevin  suit  nor  obligee  in  bond 7,  p.  5352,  §  3654 

judgment  for  damages  against  oflioer  in  suit  no  bar  to  an 

action  on  bond 7,  p,  5(io2,  §  ,3054 

bond  no  protection  to  olUcer  ag.-iinst  claims  of  persons  hav- 
ing no  interest  in  controversy 7,  p.  5052,  §  3654 

evidence  admissible  that  plaintiO"  has  received  value  of  iiriij)- 

erty  replevied,  and  is  entitled  to  less  damages     7,  p.  5652,  §  3654 

sureties  may  show  that  principal  owned  propert}-,  notwith- 
standing judgment  for  return 7,  p.  5652,  §  3654 

11.  Sherifs  Bomb. 

sherill"  s  bond  must  bo  accepted  and  approved;  approval  m.iy 

be  enforced  by  mandumus 7,  p.  0021,  §  3324 

neglect  of  sheriff  or  court  to  approve  bond  does  not  vacate 

otlice 7,  p.  0021,  §  3824 

liabilities  of  the  sureties  co-extensive  with  dutiesof  ollice.7,  p.  0021,  §  3824 
do  not    extend  to  other    duties    which    might    be    iu- 

cluded  in  general  description  recited  in  the  bond.  7,  p.  6021,  §  3824 

bond  does  not  cover  money  collected  on  execution,  ami  re- 
tained for  sheriff's  own  use  by  consent  of  exe  utioa 
plaintiff 7,  p.  6021,  §  3S24 

sureties  not  liable  for  money  intrusted  to  him,  but  which  by 
law  should  have  been  intrusted  to  different  of- 
ficer  7,  p.  6021,  §3824 


6828  BUItETTSHIP  AND  GUARANTY — TAXATION. 

Suretyship  and  G  laranty— (Continued.) 

in  action  against  his  sureties,  for  not  paying  over  money, 

demand  must  be  proved 7,  p.  6021,  §  3824 

bond  extends  to  duties  imposed  by  statute  after  execution 

cfbond 7,  p.  6121,  §3824 

where  sheriff  <lejnre  recovers  office  from  the  sheriflf  de  facto, 
Buretica  oubond  of  latter  not  liab'e  for  emoluments  re- 
ceived while  intruder  exercised  its  fuuctiuua. . .  .7,  p.  6021,  §  3824 
Surrender. 

See  Landlord  and  Tenant,  6. 
Surrogate  Court. 

See  Parent  and  Child;  Executors  and  Administrators. 

office  of  attorney  not  known  in 1,  p.    205,  §    126 

Survival.     See  ABATtsiKNT  and  Survival. 
Survivorship. 

See  Deatu. 
Swine. 

See  Animals. 
Tacking. 

doctrine  of  tacking  of  mortgages;  when  permitted, . . ,  .6,  p.  4915,  §  3031 
Tanneries. 

when  a  nuisance 6,  p.  4S70,  §  3000 

Taxation. 

1.  In  Gexer.il. 

2.  EXEMPTIONa. 

1.  In  General. 

what  are  "taxes" 7,  p.  6104,  §3879 

power  to  tax  incident  to  sovereignty  and  unlimited. .  .7,  p.  6104,  §  38S0 

tax  must  be  for  public  purpose 7,  p.  61 05,  §  3881 

tax  to  rt^lieve  individual  void 7,  p.  6105,  §  3881 

neither  state  nor  federal  government  can  tax  governmental 

agencies  of  other 7,  p.  6105,  §  3882 

taxation  of  imports  and  expoits  under  federal    constitu- 
tion  7,  p.  6107,  §  3883 

license  to  practice  may  be  taxed  by  state 1,  p.    209,  §    128 

land  granted  by  congress  to  railroad  not  subject  to  state 

taxation,  when 2,  p.    993,  §    552 

state  cannot,  by  contract,  deprive  itself  of  exercise  of  power 

of  taxation 7,  p.  6081,  §  3802 

stAte  may  for  consideration,   contract  not  to  tax  certain 

subjects 7,  p.  6081,  §3862 

exemption  cannot  be  granted  as  against  provision  in  state 

constitution 7,  p.  6081,  §  3862 

covenant    to    pay    taxes  and    assessment  implied  against 

lessor 6,  p.  4641,  §  2840 

tenant  primarily  liable,   but  may  cliarge  them  to  land- 
lord.  6,  p.  4641,  §2840 


p.  6021,  §  3824 

n 

p.  6121,  §  3824 


).  6021,  §  3824 


I.  205,  §  126 


4915,  §  3031 
4870,  §  3000 


6104,  §3879 

6104,  §  3S«a 

6105,  §  38S1 
6105,  §  3881 

6105,  §  3882 

6107,  §  3883 
209,  §    128 

993,  §    652 

6081,  §  3802 

S081,  §  3862 

5081,  §  3862 

1641,  §  2840 

(641,  §  2840 


TAXATION. 


C829 


Taxation— (ronfinuefl.) 

covenant  to  jiay  taxes  I  in.?s  IcRsoe  to  pay  rroportinnal  part 

of  tnxos  asscs.scd  to  entire  est.ito 6,  p.  40t''   §  "S40 

covenant  intlu.los  sncli  asstssnicntH  only  aa  are  vuli.l,  or  can 

l)e  lc>,'al!y  enforced  against  lessor 6.  p.  4042  §  2840 

includes  such  as  may  be  authorized  hy  h-vvs  afterwanl  eu- 

,.,     '''^■^"]  •  •  •  •  • 6,  p.  4rA-2,  §  2840 

Jdcewi.^e  taxes  for  last  year  of  term 6,  p.  4li42,  §  2S40 

covenant  covers  sj.ecial  assessments,  when 6,'  j.!  AG^~2,  §  2S40 


includes  water  taxes. 


.  6.  p.  4i;42  II,  §  2S40 


ou  destruction  r,f  premises  lessee  not  entitled  to  return  of 

.   .        r-'i'-t  of  taxes  paid 6,  p.  4(^4^,  §  2840 

injunction  will  issue  to  restrain  collection  of  ille-al  taxes.  7,  p.  5779,  §37(^ 
When  person  pays  tax  or  assessment,  there  being  no  seizure 
or  proceeding  to  compel  payment,  he  cannot  recover 
it   back   on   ground   that  tax   or  assessment  was  il- 


legal . 


5,  p.  4222,  §  2559 

cemetery  or  graveyard  cannot  be  sold  for  taxes  for  iinprove- 

nieut  of  adjacent  streets 3^  „  0434  §  J343 

2.  Exemptions.  ' 

exemption  of  religious,  charitable,  educational  and  kindred 

institutions  from  taxation  constitutional 2,  p.  1174  §    633 

exemption  from  taxation  by  grant  or  charter  a  contract  not 

afterwards  revocable 3^  p   jjy^^  g    ggg 

foreign  corporation  not  entitled   to  exemption   from  taxa- 

^'''" • 2.  p.  1174,§    G33 

exemption   extends  only  to  taxation  for  general  purposes, 

not  to  taxation  for  local  improvements 2,  p.  1 174,  §    633 

construction  of  statutes  exempting  religious,  charitable,  edu- 
cational and  other  similar  institutions 2,  p.  1 175,  §  G33 

"academy  or  seminary  for  instruction  of  females  " 2,'  p.  1  ISli  §  633 

••alms-houses  and  poor-houses" 2,  p.  1177,  §  633;  2,  p."  1178i  §  033 

"benevolent  institution" o    „    1,"    o  poo 

building  fur  religious  wor.-hip  " 2,  p.  1 175,  §  C3a 

••  buildings  occupied  exclusively  for  religious  or  educational 

purposes" o        11--   «  /••> 

•'  buildings  and  property  used  f.,r  school  purposes  "'. ". '. '  2,  p.  1 180,'  §  fi.Ti 

•'buildings  of  incorj.orate.l  seminaries" 2,  p.  Usl's  G'}3 

"  liuilding  erected  for  use  of  college  " ! . ! '  2.  p!  1182*  §  gV'} 

•'buildin-s  of  charitable  and  benevolent  institutions"  .2,  j-!  IIS3'  §  G'W 

" ^J'a''t:^''I«  institution  " 2,  p.  11 7G,  g  6.^:1;  2   11 77'  §  CTJ 

.?;'"^''" ^'  ^-  '»-'.  §C3r.;  2.  p.  1170,  §033;  2,  lISl!  §  633 

cliurcli  property  owned  by  congregation " 2,  p.  II77,  §  o.S'l 

•'  college,  academy,  or  seminary  of  learning  " 2,'  p.  II80'  S  ((33 

••ociuipments" o'       ,,-,',  '" ' 

:;'™.™|„io.o.„„v. :;;::::.v:::;:;;;::;;::;:l;;':  s;,;i:s 


6830 


TAXATION — TELEQBAPH  COMPAKIES. 


Taxation— (Continued.) 

"  houses  of  religious  worship  " 2,  p. 

"  houses  used  exclusively  for  religious  worship" 2,  p. 

"  institutions  of  learning,  benevolence  and  charity  ". .  .2,  p. 

"  institutions  of  public  charity  ' 2,  p. 

"  institution  of  purely  public  tharity  " 2,  p. 

"  lands  on  which  church  stands  " 2,  p. 

"  library  society  " 2,  p. 

"  library  building  " 2,  p. 

"  occupied  by  them  " 2,  p. 

'•  orphan  asj  !uni " 2,  p. 

"  place  of  public  worship  " 2,  p. 

"  property  given  for  maintenance  of  ministry  of  gosjiel  ".2,  p. 
"  property  necessary  for  schools,   religious  and   charitable 

purpose?,  etc. " 2,  p. 

"property  used  for  colleges  or  other  school  purposes  "  .2,  p. 

"  public  school " 2,  p. 

"school" 2,  p. 

"  school-houses  and  seminaiiea  of  learning  " 2,  p. 

"  school-houses  and  lots  on  which  situated  " 2,  p. 

"  used  with  view  to  iirofit " 2,  l). 

Tax  Title. 

agent  cannot  acquire  tax  title  adverse  to  principal 1,  p. 

Teamsters. 

are  common  carriers 4iP> 

Teachers. 

See  Schools. 
Telegraph  Companios. 
See  Telepiionks. 
telegraph  company  is  a  public  agency,  and  subject  to  public 

regulation  and  control 4,  p. 

telegraph  company  not  a  common  carrier,  nor  subject  to  ex- 
traordinary responsibilities  of  common  carrier. .  .4,  p. 

must  transmit  for  all  who  apply 4,  p. 

but  in  order  in  which  these  messages  are  received 4,  p. 

what  messages  may  lie  refused 4,  p. 

condition  requiring  prepayment  good 4  p. 

may  keep  open  office  on  Sunday 4,  p. 

for  negligently  delivering  forged  dispatches  company  liable 

for  damage  sustained 4,  p. 

also  for  the  frauds   of   its  agents  in   sending  false  and 

frauduleut  dispatches 4,  p. 

that  the  act  of  negligence  which  prevented  the  message 
from  reaching  its  destination   occurred  out  of  the 

state  will  not  defeat  a  recovery 4,  p. 

care  required  in  transmission  of  telegrams 4,  p. 

presumption  of  negligence,  burden  of  proof 4,  p. 


1176,  § 

633 

1176,  § 

G33 

1179,  § 

C33 

1178,  § 

633 

1179.  § 

C33 

1175,  § 

633 

1179,  § 

633 

HSJ,§ 

633 

1178,  § 

033 

1178,  § 

633 

1170,  § 

033 

1175, § 

633 

1181,  § 

633 

1176,  § 

633 

IISO,  § 

633 

I  ISO,  § 

033 

1175,  § 

033 

IISO,  § 

033 

IIS'2,  § 

033 

139,  § 

93 

30S2,  §  1792 

3330,  §  1955 

3330,  §  1955 
£332,  §  l<Ji;6 
3333,  §  1956 
3333,  §  11J57 
3;:33,  §  1957 
3333,  §  1957 

33.':8,  §  1959 

3333,  §  1959 


3338,  §  1953 
3336,  §  1959 

3339,  S  liMiO 


117G.  § 

633 

1176,  § 

G33 

1170,  § 

633 

1178,  § 

633 

1179,  § 

633 

1175,  § 

633 

1179,  § 

633 

HS1,§ 

633 

1178,  § 

633 

1178,  § 

633 

117G,  § 

G33 

1175,  § 

633 

11S1,§ 

633 

1176,  § 

633 

1180,  § 

633 

1180,  § 

633 

1175,  § 

633 

1180,  § 

633 

1182,  § 

633 

139,  § 

93 

30S2,  §  1792 

3330,  §  1955 

3330,  §  1955 
S332,  §  ldi.6 
3333,  §  1956 
33;i3,  §  l!j57 
3;;33,  §  1957 
3333,  §  1957 

33.':8,  §  1959 

3333,  §  1959 


3333,  §  1953 
3336,  §  1959 
3339,  §  1U60 


TELEGRAPH  COMPANIES.  6831 

Telegraph  Companies— (Continned.) 

power  to  limit  liability 4,  p,  3340,  §  1961 

power  to  contract  against  negligence 4,  p.  3L'40,  §  1962 

conditions  as  to  repeating  nnessages 4,  p.  3341,  §  1963 

other  conditions  in  telegraph  blanks 4,  p.  3343,  §  1964 

condition  that  company  shall  not  be  liable  unless  claim  is 
presented  within  a  certain  number  of  days  after  send- 
ing message,  is  valid 4,  p.  3343,  §  1064 

Buch  condition  does  not  relieve  from  statutory  penalty  for 

negligent  delay  in  sending  or  delivering  message. 4,  p.  3343,  §  1964 
contract    limiting    its    liability    to   twenty-live   cents     in- 
valid  4,  p.  3343,  §  19G4 

knowledge  by  sender  of  conditions  essential 4,  p.  3343,  §  1965 

contributory  negligence  of  sender 4,  p.  3344,  §  1966 

See  Contributory  Neoligesce. 

measure  of  damages 4,  pp.  3345-3351,  §  1967 

See  Damages. 

what  damages  not  recoverable 4,  pp.  3351-3.354,  §  1963 

knowledge  of  importance  of  message  essential 4,  p.  3.'555,  §  19G9 

damages  for  injuries  to  feelings 4,  p.  3358,  §  1970 

connecting  lines,  liability  for  defaults  of 4,  p.  33G2,  §  1971 

who  may  bring  action 4,  p.  S3{i3,  %  1972 

hotel  clerk  has  implied  authority  to  receive  telegrams  for 

guest 4.  p.  3337,  §  1959 

damages  not  recoverable  for  failure  to  send  telegram,  whea 

it  was  for  an  illegal  object 4,  p.  3345,  §  1966 

liability  for  failure  to  correctly  transmit  message  in  cipher 

or  abbreviations 4,  p.  3356,  §  1969 

telegraph  company  allowing  wire  to  hang  so  low  as  to  inter- 
fere with  a  vehicle  liable 3,  p.  2032,  §  1162 

a  telegraph  wire  carried  from  one  pole  to  another  not  dan- 
gerous object  jjcrse 3,  p.  2032,  §  1162 

where  telegraph  pole  broken  by  storm,  injuring  plaintilT, 

company  not  liable 3,  p.  2032,  §  1162 

wires  broken  by  weight  of  ice,  liability  for  injury  to  pedes- 
trian   3,  p.  2033,  §  1 1 62 

power  of  city  as  to  telegraph  poles 7,  p.  6273,  §  4001 

acceptance  of  offer  by  telegraph 5,  p.  3754,  §  2233 

communication  privileged  as  between  sender  and  receiver 
may  lose  privilege  if  sent  by  postal  card  or  tele- 
gram  3,  p.  2316,  §  1290 

sending  a  libel  by  telegraph  or  postal  card  is  a  publica- 

ti«*n-  •  •  •  • 3,  p.  2190,  §  1236 

bank  not  negligent,  in  paying  telegraph  order  to  person 

identified  to  it  as  person  named 2,  p,    954,  §    534 

by-law  of  board  of  trade,  as  to  what  persons  its  telegraphic 

reports  may  be  distributed 1,  p.    805,8   483 


6832 


TELEPHONES — TENDED. 


Telephones. 

tcleplioiic  companies  are  public  agencies 4,  p.  3^34,  §  1053 

caimot  refuse  its  instruments  to  persons  applying.. .  .4,  [i.  3334,  §  1953 
charges    for    uso   of   iastruuiuuts   may  be    regulated   V)y 

state 4,  p.  Snni,  g  1058 

may  establish  reasonable  rcgulatidus 4,  p.  3335,  §  1  !)53 

conversation  by  telephone  atlniissible  in  evidence  ...  .4,  p.  3331,  §  1953 

acknowledgment  of  deetl  by  teieplione 4,  p.  3334,  §  1953 

telephone  wire  broken  by  weight  of  ice,  liability  for  injury 

topedestriau 3,  p.  2033,  §  11C2 

Tellers. 

See  Banks,  4. 
Tenants. 

See  Co-TEN'AXCY;  Joint  Tenants  and  Tenants  in  Common; 
Landlord  and  Tenant. 
Tender. 

See  also  Mortc;.\ge.s,  7;  Payment. 

•what  is  a  tender;  is  a  bar  to  action  for  debt 5,  p.  41S0,  §  2526 

plea  of  tender  should   be  accompanied   by  payment  into 

court 6,  p.  41S0,  §2526 

payment  into  court,  when  not  esSL'ntial 5,  p.  41S1,  §  2526 

debtor  mast  kcjp  mo:icy  so  as  to  bs  able  to  produce  it  at 

any  time 5,  p.  41S1,  §2528 

benefit  of  tender  is  lost  by  subsequent  demand  and   re- 
fusal  5,  p.  41S1,  §2526 

effect  of  tender  of  chattels 5,  p.  4181,  §  2526 

tender  after  suit,stops  running  of  interest  on  debt 5,  p.  41S2,  §  2526 

bars  the  reco\  ery  of  costs  accruing  subsequently 5,  p.  4182,  §  2526 

does  not  bar  the  action  or  extinguish  the  debt 5,  p.  4182,  §  2526 

is  an  admission  of  debt  to  amount  tendered 5,  p.  4182,  §  2526 

in  what  actions  may  tender  be  made 5,  p.  41S2,  §  2527 

who  may  make  tender S,  p.  4183,  §  2523 

to  whom  may  tender  be  made 5,  p.  4183,  §  2523 

to  constitute  sufficient  tender   of  monej',  there  must  be  an 

actual  production  of  money 5.  p-  4184,  §  2529 

but  actual  production  of  money   not  necessary,  where  cred- 
itor refuses  to  receive  it 5.  p.  4184,  §  2529 

mere  announcement  of  readiness  to  pay  note  not  sufficient 

tender 5,  p  4131,  §2529 

deposit  of  funds  in  bank  sulC  ieut  to  meet  bill  payable  there 

is  good  tender 5,  p.  41S1,  §2529 

expression  of  a  willingnees  to  give  deed  not  sufficient  tender 

of  performance 5,  p.  4181,  §  2529 

on  tender  of  goods,  opportunity   must  bo  given  to  examine 

them 5,  p.  4185,  §  2')29 

money  locked  up  in  box  or  in  bag  not  a  good  tender. ...  5,  p.  4185,  §  2529 
at  what  time  may  tender  be  made 5,  p.  4  ISO,  §  2530 


,  p.  3^34,  §  1053 
,  [..  3334,  §  1953 
l.y 

,  p.  33,1  i,  §  1953 
,  p.  3:j:J.-),  §  1 053 
,  p.  n.r.l,  g  1953 
p.  3334,  §  1953 
iry 
,  p.  2033,  §1102 


X! 


p.  4IS0,  §  2526 
to 

p.  4 ISO,  §2526 
p.  4181,  §  2526 
It 

p.  41S1,  §  2528 
e- 

p.  41SI,  §2526 
p.  4181,  §  2526 
p.  4182,  §  2526 
p.  4182,  §  2526 
p.  4182,  §  2526 
p.  4182,  §  2526 
p.  41S2,  §  2527 
p.  4183,  §  2523 
p.  4183,  §  2523 
n 
?■  4184,  §  2529 

X  4184,  §  2529 

t 

)  4181,  §  2529 

'.  4184,  §  2529 

r 

'.  4181,  S  2529 

! 

.  4 185.  §2')29 
.  41S5,  §  ■.>529 
.  418G,  §  2539 


T£^^DE^;— THEATERS.  6833 

Tender— (Continued. ) 

at  wliat  phico  may  tender  be  made 6,  p.  4]  37^  §  2530 

in  what  money  must  tender  be  made 5,  p.  4IS8,  §  2531 

bank-bills  are  lej^al  tender 2,  p.    9(;:i,  §    536 

lar^'er  ammuit  tlian  debt  may  be  t.  ndircd 5,  p.  418<),  §  0532 

but  creditor  cannot  be  obli^'ed  t .  make  chan^'o 5,  p.  41S9,  §  2532 

tender  after  day,  must  iuLJude  interest 5,  p.  4189,  §  2532 

temler  made  on  condition  is  not  a  valid  one 5,  p.  4189,  §  2533 

but  debtor  mny  demand  surrender  of  evidence  of  debt  and 

collaterals 5,  p.  4,9,_  §  0533 

tender  maile  under  protest  is  goo  1 5^  p,  4191    §  2533 

defects  in  tender  or  tender  of   payment   or  performance 

may  be  waived  by  creditor 5,  p.  4192   §  2534 

imjilied  power  of  agent  to  make  tender 1,  p.    1 14,  §      73 

bidder  may  be  sued  for  price  witliout  tender 1,  p.    374,  §    219 

no  tender  of  certilicate  of  stock  necessary  before  suit  broui'ht 

upon  subscription 1,  p.     701^  §    457 

no  certificate  of  stock  need  be  tendered  bef  jre  bringing  tuit 

for  subscription 1^  p^    707  §    435 

Territories. 

iSee  Constitution,  2. 

congress  may  delegate  to  territorial  government  power  to 

create  corporations l,  p.    cOl,  §    335 

Theaters. 

status  of  theater  ticket:  a  revocable  license 5,  p,  4357,  §  2673 

in  some  states  a  lease  of  righttoseatduriiigpurfonnance.5,  p.  4358,  §2673 
no   action   lies   against   proprietor    of   theater   who    adver- 
tises  price  of  reserved  seats,  and  refuses  to  sell  seats 

demanded,  even  though  not  alre.dy  sold 3,  p.  1717,  §  1012 

visitor  to  theater  or  place  of  amusement  o!  similar  character 
is  entitled  to  seat;  if  ticket  calls  for  particular  seat,  he 
is  entitled  to  that;  if  not,    then  to  any  unoccupied 

seat  not  previously  sold  to  another 5,  p.  4358,  §  2673 

neglect  of  proprietor  to  mark  seat  "  tak  n  "  gives  no  right  to 

it  to  anotiier 5,  p.  4353,  §  2673 

persons,  if  there  is  no  room,  have  light  to  leave  and  demand 

their  money;  no  right  to  go  into  ])rivate  box 5,  p.  4358,  §  2673 

statute  forbidding  reservation  of  seats  at  public  exhibitions, 
upon   sale   of  tickets   of  admission   after  openin"  of 

doors,  unconstitutional 5,  p.  4333^  §2673 

stockholder  in,  bound  by  regulations  de-ignatiug  stockhold- 
ers' seats,  and  manner  of  using  building 2,  p.  1067  §    693 

stage  representation  of  a  play  not  a  publication. 4,  p.  2805,  §  1620 

implied  power  of  partner  in  theatrical  partnership 2,  p.  1217  §    646 

actress  agreeing  to  act  only  at  certain  theater,  court  may  de- 
cide specific  performance  by  injunction  against  act- 
ing at  any  other  theater 6,  p.  4253,  §  2586 


6834  THEATERS — TIME. 

Theaters  -(Continued. ) 

action  will  lie  for  a  conspiracy  to  ruin  an  actor  by  hisses, 

groans,  etc.,  during  a  performance 3,  p.  1791, 

fair  criticisms  of  public  performances  )>rivileged 3,  p.  21S6, 

Theft. 

bailees  for  hire  not  responsible  for  loss  by  burglary,  robbery 

or  theft 4,  p.  29G1, 

borrower  not  liable  for  loss  or  dam.age  caused  by  robbers. 4,  p.  2945, 

liability  of  national  bank  fur  money  stolen 2,  p.    8SS, 

of  treasurer  of  building  society  for  money  stolen  from 

him 2,  p.  in.SS, 

pledgee  not  liable  for  theft  of  pledge 4,  j).  3028, 

trustee  not  liable  for  robbery  of  tlie  propurty  while  in  his 

own  possession,  or  in  possession  of  others 4,  p.  3450, 

guardian  not  responsible  for  money  stolen  from  him. . .  .2,  p.  1575, 
liability  of  attorney  for  papers  of  client  stolen  from  him. .  1,  p.  307, 
public  officer  required  to  account  for  money  though  stolen 

without  his  fault 7,  p.  62.30, 

purchaser  of  property  from  thief  gets  no  title 6,  p.  39(J9, 

bank  bound  to  pay  bills  stolen  from  it  and  in  hands  of  bona 

fide  holder 2,  p.  9G6-9G" 

auctioneer  innocently  selling    stolen  goods  liable  to  true 

owner,  even  where  proceeds  have  bten  paid  over  to 

thief  without  notice  of  the  felony 1,  pp.  370-372, 

Thieves. 

See  Theft. 
Tickets. 

See  Carriers;  Theaters. 

implied  power  of  ticket  clerk 1,  p.    117, 

Time. 

compensation    of  in  case  of   negotiable  instruments,    see 

Negotiable  Instkuments,  4. 
for  presentment  for  acceptance,  payment  or  protest  of   bills 

and  notes,  see  Negotiable  Instruments,  5,  6. 
of  performance  of  contracts,  see  Contracts,  8;  Landlord 

AND  Tenant,  2;  Tender. 

bank  may  establish  reasonable  banking  hours 2,  p.    SGD, 

at  what  time  contract  to  marry  must  be  perforaied 2,  p.  1290, 

at  what  time  annuity  payable 3,  p.  2430, 

at  what  time  statutes  take  effect 7,  p.  59DS, 

at  what  time  interest  begins  to  run 5,  p.  4059, 

duration  of  franchise  is   fixed  by  constitution  or  by  terms  of 

the  grant ■. 2,  p.  974, 

statatory  requisites  as  to  time  at  wliich  charitable  bequest 

must  be  made .2.  p.  1172, 

extent  of  authority  of  attorney  as  to  time 1,  p.    293, 

eontract  of  service  is  dissolved  by  expiration  of  time. . .  1,  p.    492, 


§1047 
§1234 


§1730 
§  1723 
§  517 

§  533 
§1771 

§2023 
§  876 
§  188 

§3967 
§  2379 

§  536 


§  213 


§  76 


§  r.n 
§  :<7»' 

§2s..-  . 

§  543 

§  632 
§  174 
§  281 


9, 

p.  1791,  §  1047 
p.  2186,  §  1234 


y 

p.  29G1, 
p.  2945, 
p.  888, 
n 

p.  1038, 
[).  3028, 

8 

X  3450, 
).  1575, 
).  307, 
1 

).  6230, 
).  39(J9, 

06-96 

i 
) 

rO-372,  §  21S 


§  1730 
§  1723 
§  517 

§  533 
§1771 

§2023 
§  876 
§  168 

§3967 
§2379 

§  536 


.  117,  §  7G 


S63,  §  in.  J 
1290,  §  C'  . 
2430,  §  '  ;ii 
59D8,  §  5i7»' 
4059,  §  2h. 

974,  §  543 

1172,  §  632 
293,  §  174 
492,  §    281 


TIME— TORTS.  6835 

Time— (Continned. ) 

"  month,"  meaning  of,  in  bills  and  notes 4,  p.  2624,  §  I4S4 

Title. 

to  personal  property,  see  Personal  Profebty. 
to  real  property,  see  Real  Property. 

See  also.  Ejectment. 
defect  of   title  to  one  lot  does  not  affect  sale  of  another 

lot l,p.    374,§   219 

duty  of  auctioneer  to  adjourn  sale  on  doubt  of  title  or  iden- 
tity of  goods 1,  p.    361,  §    214 

bidder  to  whom  land  is  knocked  down  not  bound  to  pay 
purchase-money  and  accept  deed  tendered,  and  leave 
seller  to  clear  up  defects  in  title  afterward  with  aid 

of  purchase-monej' 1,  p.    374,  §    219 

on  sale  of  chattel,  there  is  an  implied  warranty   of  title  to 

it 6,  p.  3969,  §  2379 

vendee  of  one  having  no  title,  not  protected  from  claims  of 

true  owner 5,  p.  39f;9,  §  2379 

title  to  ships,  how  acquired 3,  p.  2.>48,  §  1420 

liability  of  examiner  of  titles  for  mistake  in  overlooking 

liens  or  charges  on  property 1,  p.    302,  §    ISO 

Title  Deeds. 

See  also  Dkeds;  Real  Property. 

title  deeds  are  personal  property 3,  p.  2445,  §  1353 

Toll-gate. 

action  will  not  lie  for  throwing  open  one's  land  to  the  public, 

thereby  avoiding  a  toll-gate 3,  p.  1712,  §  1010 

Torts. 

of  servant,  see  Master  avd  Servant,  3. 
of  infant,  see  Parent  and  Child,  3,  5;  Insanity. 
See  also  Action;  Accident;  Death;  Husband  and  Wife; 
Proximate  and  Remote  Cause;  Parent  and  Child; 
Joint  and  Several  Liabilities;  Partnership; 
Municipal  Corporations,  4;  also  the  different 
special  titles. 

tort  defined 3,  p.  1710,  §  10D9 

wrong  intent  not  essential  to  liability  for 3,  p.  1710,  §  1010 

act  intended  but  not  accomplished  not  actionable. . .  .3,  p.  1710,  §  1010 
act  not  a  legal  injury  does  not  become  so  because  of  wrong 

intent 3,  p.  1710,  §  1010 

injnry  and  damage  must  concur 3,  p.  1713,  §  1011 

damnum  absque  injuria;  lawful  exercise  of  one's  own  rights, 

gives  no  right  of  action 3,  p.  1714,  §  1012 

unwarranted  interference  between  contracting  parties  does 

not  give  cause  of  action 3,  p.  1717,  §  1012 

no  private  action  for  public  injury 3.  p.  1719,  §  1014 

aliter  when  party  suffers  special  injary. 3,  p.  1719,  §  1014 


683G 


TORTS — TRADE-MARKS. 


707, 

§1010 

1S4, 

§ 

111 

18.'), 

§ 

112 

191, 

§ 

114 

SCO, 

§ 

122 

33,  § 

2!) 

033, 

§ 

207 

lorts— (Continncd. ) 

when  tort  also  a  crimo 3,  p.  1720,  §  1015 

ofronse  need  not  lirst  be  erinuii;illy  pro.-ccutcil 3,  p.  17-0,  §  1013 

action  for  eaiisinj}  deatli,  no  action  at  eoniiui  u  law 3,  \).  1721,  §  1016 

the  statiiti.ry  rcuiely 3,  p.  1722,  §  1U17 

person  may  waive  contract  and  sue  in  t»rt 

3,  p.  173S,  §  102^;  7,  p.  5752,  §  3'J94 

person  may  waive  tort  and  sue  on  contract 

3,  p.  1730,  §  1027;  7,  p.  5753,  §  3094 
person    may  be    wrongdoer    by    i>aiticip;ition   or    ratili- 

cation 3,  p.  1707,  §  1041 

who  arc  responsible;  infants,  married  wointn,  cor[iiiration3, 

luiiatijs 3,  p. 

agent  not  personally  liable  for  tort  committed  in  service  of 

]iiiiicipal 1,  p. 

exceptions  to  the  rule 1,  p. 

principal  liable  for  agent's  torts 1,  p. 

principal  may   sue   for   torts   to    his    property    in   agent's 

hands 1 ,  p. 

ratification  by  principal  of  torts  of  agent 1,  p. 

corporation  liable  for  torts 1,  p. 

liability  of  husband  for  torts  of  wife 3,  p.  1323,  §    729 

liability  of  partnership  for  torts  of  partner 2,  p.  122G,  §    G50 

guardian  not  liable  for  tort  of  ward 2,  p.  1 578,  §    876 

tortious  bailee  on  insurer 4,  p.  2913,  §  1700 

Tow-boats. 

not  common  carriers 4,  p.  3082,  §  1792 

Trade-marks. 

what  is  a  trade-mark 4,  p.  2830,  §  1633 

trademark,  how  acquired 4,  p.  2830,  §  1()33 

trade-marks  protected  on  ground  of  fraud 4,  p.  2832,  §  1634 

what  may  be  a  trade-mark — in  general 4,  p.  2833,  §  1035 

words  not  original 4,  p.  2S3(),  §  16:^6 

words  in  common  use 4,  p.  2S30,  §  1G36 

geographical  names 4,  p.  2S36,  §  16.37 

names  descriptive  of  article  of  trade 4,  p.  2S38,  §  1G.'58 

symbols  and  numbers 4   p.  2841,  §  10.39 

trade-mark  in  one's  own  name 4,  p.  2Si2,  §  1(140 

names  of  corporations 4,  p.  2343,  §  1011 

name  of  business  or  firm 4,  p.  2313,  §  1011;  3,  p.  11!»3,  §    637 

name  of  newspapers  and  books 4,  p.  234G,  §  1042 

what  is  an  infringement 4,  pp.  2S10  2851,  §  1613 

trade-mark  intended  to  deceive  not  protected. .  .4,  jij).  2851  2854,  §  1614 

what  persons  entitled  to  protection 4,  p.  2854,  §  1G45 

damages,  when  given 4,  p.  2855,  §  1646 

injunction,  when  issued 4,  p.  28,")5,  §  1046 

account  of  profits,  when  ordered 4,  p.  2855,  §  1646 


1720,  §  1015 
17-'0,  §  1015 

1721,  §  I0!0 
17i'i.',  §  IU17 

5752,  §  SJW 

3753,  §  3G91 

1 707,  §  1041 


7C7 

,  §  1010 

1S4 

.§ 

111 

isr. 

§ 

112 

191, 

§ 

114 

2C0, 

§ 

122 

33 

§ 

21) 

533, 

§ 

SG7 

WS. 

§ 

729 

226, 

§ 

G50 

)78, 

§ 

876 

U3, 

§1700 

'82,  §  1792 

"0,  §  1633 
.'JC,  §  1G33 

32.  §  lG3t 

33,  §  1033 
36,  §  16;?6 
W,  §  1G36 
56,  §  1G37 
»,  §  1G33 
H,  §  1039 
t2,  §  1040 
3,  §  IGll 

3,  §  C37 
6,  §  1G42 
1,  §  1613 

4,  §  1614 
I,  §  1645 
),  S  1646 
),  §  1646 
>,  §  1646 


TRADE-ilARKS— TREES.  C837 

Trade-marks  -(Continued. ) 

delay  and  aajiiicscence  as  a  bar 4_  p.  og-.y   §  1^547 

a8M^'nnle^t^  and  c  mveyances  of  trade-marks. . .  .4,  pp   2Sr)7-2^(ioi  §  IGIS 

6titut..ry  pniviiions  as  to  resist  jitoi) 4,  p.  os(jo,'  g  1049 

state  courts  have  juridiliction  in  trademark  ciisoi 4^  p.  L'SOl,'  §  1019 

aetiou  will  iH,t  lie  f„r  maliciously  adopting;  a  tr .do-muk  to 
the  prejuJioe  of  one  who  has  no  exclusive  ri^^Iit  to  ap- 

pr.pnuteit 3,  p.  1712,  §  10.0 

j.r&ciors. 

slanders  and  libels  on  merchants  and  trader?,  whrn  action- 

Trancf^ra''^^"' ^'  ^''  "^^'  ^  '-^''  ^'  ^'-  "-^^'  §  ^""^ 

ini;,!ied  p-^M-cr  of  a,c;pnt  to  transfer 1,  p.     114^  §      73 

Transportation  Companies. 

arc  cnmmon  carriers 4,  p.  3030,  §  1792 

Treasurer. 

treasurcrof  corporation,  powers  of 1    p     703   §    419 

^         '^'''Z"^ ••■•I'P"    7U3,'§    410 

Treasure  Trovo. 

^*  llilt  is o     „    o-^QU     R  1 01 1 

—       ,.  «,  p.  -ooi*,  9  1311 

Treaties. 

conflict  between  statutes  and  treaties 7_  p.  5gs9  §  .'?749 

public  grants  may  be  by  statute  or  by  treaty g'  p  43^3*  §  '^096 

Trees.  ' 

See  Fruit;  Waste. 

trees  while  standing  are  realty;  when  cut  down  become  per- 

,        «°"^%---- 6,  p.4370,§2G81 

where  severance  by  act  of  God  or  trespasser 6,  p.  4371,  §  2OSI 

so  of  fruit  while  hanginR  and  unfathered 6^  p.  437()|  §  2i)81 

vine  plants  growing  on  land  are  personalty 6,  p!  4372,'  §  2GS1 

grant  of  all  trees  growing  on  land,  effect  of 6,  p.  4372!  §  2081 

trees  and  shrubs  in  nursery  garden  are  chattels 6,  p.  4373^  §  2GS1 

trees  standing  on  land   pass  to  railroad  by  acquisition  of 

..    ^'f'"";v:: ^-p-  ^'^"-s  "^^^ 

raiifoatl  has  right  to  cut  trees  or  grass  on  right  of  way. 2,  p,  999,  §  500 
under  license  for  erection  of  telephnne  iiue,  no  right  to  enter 

private  property  and  cut  off  limbs  of  trees 5,  p.  4352,  §  2GC8 

adjacent  land-owners  may  lawfully  use  space  between  ear- 

riage  path  and  sidewalks  for  growing  of  trees  for 

ornament  or  use 3,  p.  1758,  §  1033 

city  may  allow  owners  of  property  to  plant  shade  trees   in 

street  without  losing  its  rights  over 7,  p.  G2G5,  §  3994 

where  city  maintains  shade  trees,  lot  owner  not  liable  for  in- 

jury  by  falling  limb 7,  p.  6320,  §  4024 

Blabs  and  pieces  of  lumber  suitable  for  firewood  piled  up  on 

land,  and  intended  to  be  used  and  removed  as  fire- 

wood,  are  personalty 3,  p.  2443,  §  1350 


6838  TREES— TRESPASS. 

Tree*— (Continaed .) 

trooa  become  chattels  when  they  are  cut  down 3,  p.  2t43,  8  1350 

■o  turpentine  from  tree  wlien  it  is  run  into  boxes  ...  .3.  p.  2443,  §  1350 

■labs,  saw(lu»tt,  sliavings  and  otlicr  refuse  used  to  fill  up  low 

or  marshy  grouml  are  realty 3,  p.  2443,  §  1350 

wood  cut  and  conlel,   ami   separated  from  the  land  when 

sold,  is  movable,  and  does  not  pass  to  purchaser.  3,  p.  2443  n,  §  1350 

one  planting  noxious  tree  projecting  over  adjoining  land  is 
liable  fur  injury  to  cattle  caused  by  their  eating  the 
leaves 3.  p.  1976,  §  1143 

owner  of  shade-tree,   finding  anotlicr's  horse  liitched  to  it, 

not  lialde  for  removing  liorac  to  safe  place 3,  p.  247S,  §  1372 

owner,  occupant  of   lot,   not  liable    for  injury  to  passer-by 

from  fall  of  rotten  limb  of  tree 3,  p.  2030,  §  1160 

branches  of  trees  overhanging  one's  land  are  a  nuisance 

6,  p.  3847,  §  22'Jl;  3,  p.  1716,  §  1012 

owner  may  sue  for  damage  caused  thereby 

6,  p.  3847,  §  22Q1;  3,  p.  1716.  §  1012 

may  abate  nuisance  by  cutting  ofif  branches  which  over- 
hang  8,  p.  3847,  §  2291 

rights  of  owners  of  adjoining  estates  in  trees  planted,  the 
bodies  of  which  are  wliolly  upon  one,  while  the  roots 
extend  and  grow  into  the  other   5,  p.  3848,  §  2291 

where  trunk  is  on  boundary  line,   tree  belongs  to  adjoining 

proprietors  as  tenants  in  common ....  5,  p.  3848,  §  2291 

branches  of  fruit-tree  growing  on  land  of   A.  overhanging 

land  of  B.,  B.  has  no  property  in  the  fruit 5,  p.  3848,  §  2291 

A.  owns  the  fruit,  and  is  entitled  to  it,   if  be  can  get  it 

without  trespassing  upon  B 6,  p.  3848,  §  2292 

trespass  to  destroy  tree  standing  on  boundary  line 7,  p.  5657,  §  3657 

Trespass. 

See  SnERiFF. 

trespass  defined;  what  is  and  what  is  not  a  tresspass.  ...7,  p.  6654,  §  3653 

degree  of  force  immaterial 7,  p.  5656,  §  36.16 

party  in  possession  of  property  may  bring  trespass;  who  has 

and  has  not  "  possession  " 7,  p.  5656,  §  3657 

what  is  and  what  is  not  a  constructive  possession 7,  p.  5359,  §  3658 

any  kind  of  property   which  the  law  recognizes  is  subject 

of  trespass 7,  p.  5660,  §  3659 

not  property  in  which  plaintiff  has  only  reversionary  inter- 
est  7,  p.  5660,  §  3659 

disturbance  of  an  incorporeal  hereditament  not  a  tres- 
pass  7,  p.  5660,  §3659 

accidental  trespass  is  not  actionable 7,  p.  5G61,  §  3660 

no  defense  to  action  of  trespass  that  it  was  done  by  mis- 
take   7,  p.  5661 ,  §  3661 

measure  of  damages  in  actions  of  trespass 7,  p.  5661 ;  §  3662 


,  p.  2443,  §  1350 

p.  2443,  §  1350 
ow 

p.  2443,  §  1350 
en 
•.  2443  n,  §  1350 

is 
he 

p.  197C,  §1143 
it, 

p.  2478,  §  1372 

p.  2030,  §  1160 
p.  171C,  §  1012 

•  • 

p.  1716,  §  1012 
ir- 

p.  3847,  §  2291 
le 
ts 
p.  3848,  §  2291 

'g 

p.  3848,  §  2291 

g 

p.  3S48,  §  2291 

it 

p.  3848,  §  2292 

p.  5657,  §  3657 


p.  5654,  §  3653 
p.  5656,  §  3656 

p.  5656,  §  3657 

3.  5359,  §  3658 

It 

p.  5660,  §  3659 

?.  5660,  §  3659 

I- 

>.  6660,  §  3059 

).  5061,  §  3660 

).  5661,  §  3661 
>.  5661;  §  3662 


TRESPASS — TEOVEB  AND  CONTEBSION.        6839 

Tre«pa«8— (Continued .) 

exemplary  daimv^es,  when  recoverable 7,  p.  56C2,  §  3662 

distinction  between  trover  and  trespass 7,  p.  56o3,  §  3003 

oiBcer  seiziuj  property  protected  by  procesa  "fair  on   its 

face  " 7.  p.  5719,  §  3679 

what  is  "  process  " 7,  p.  57-M,  S  3630 

process  "not  fair  on  its  face" 7.  p.  5722,  §  3(>81 

extent  of  protection 7.  p.  572;{,  §  .■J0S2 

officer  must  follow  directions  of  wri*^ 7,  p.  5723,  §  3';S3 

officer  not  a  trespasser  by  non-fcasano     7,  p.  5724,  §  3084 

liability  of  party  who  seta  process  in  suotion  or  aids  tliere- 

in 7,  p.  5724,  §3635 

attorney  personally  liable  for  trespass  where  process  is  irru,'- 

ular  or  illegal 1,  p.    256,  §    154 

liable  for  procuring  or  advising  judicial  officer  to  act  beyond 

his  jurisdiction 1,  p.    2"fi,  §    154 

liaMe  for  illlegally  issuing  a  fieri facins 1,  p.    250,  §    154 

liable  where  ho  specially  advises  illegal  seizure  of  property, 

and  assists  at  sale 1,  p.    257,  §    1 54 

not  liable  for  ordering  levy  in  good  faith 1,  p.    259,  §    153 

not  liable  for  merely  communicating  client's  instructions 

to  make  levy 1.  p.    256,  §    154 

nor  for  trespass  of  constable   having  charge  of    execu- 
tion  1,  p.    256,  §    154 

liability  of  plaintiff  in  writ  for  acts  of  officers 3,  p.  1770,  §  1042 

trespass  will  not  lie  against  a  person  for  making  alH  l.ivit 

upon  which  another  is  unlawfully  arrested 3,  p.  1807,  §  1053 

sexton  may  remove  from  church,  undertaker  who  persists  in 

conducting  funeral  there  in  violation  of  rules 2,  p.  1106,  §    614 

master  liable  for  trespass  of  servant,  except  where  it  is  crim- 
inal  1,  p.    509,  §    293 

corporation  liable  for  trespass 1,  p.    63  5,  §    367 

servant  liable  for  act  of  misfeasance  or  trespass 1,  p.    593,  §    329 

that  person  a  trespasser  not  an  excuse  for  wantonly  injuring 

him 3,  p.  2123.  §  1207 

trespasser  on  railroad  track  injured  by  approaiihin^  train, 

guilty  of  contributory  negligence 3,  p.  2097,  §  1192 

owners  of  premises  owe  no  duty  to  sight-seers  or  tresj)ass- 

ers 3,  p.  1992,  §  1148 

liability  of  owner  for  trespass  of  animals 3,  p.  2512,  §  1391 

liability  for  killing  or  injuring  trespassing  animals 3,  p.  2486,  §  1379 

right  to  impound  trespassing  animals;  liabilities 3.  p.  2488,  §  1379 

trespasser  may  sue  for  injury  by  a  ferocious  dog 3,  p.  2509,  §  1338 

trespasser  cannot  acquire  title  by  accession 3,  p.  2394,  §  1316 

Trover  and  Conversion. 

trover  distinguished  from  trespass 7,  p.  5663,  §  3663 

trover  distinguished  from  replevin 7,  p.  5621,  §  3640 


6340  TROVEll  AND  CONVERSION— TIIL'STEES. 

Trover  and  Conversion    (Continued.) 

trover  in  tiunsiitory  butioii,  an<l  liua  fur  conversion  of  prop- 
erty in  foreign  jurisdiction 7,  p.  t\C,(i\,  §  3003 

who  may  niaintiiin  ti  ovur 7,  p.  niJUj,  §  :{G03 

possoanion  alonu  tmlliijijut;  di'ftiiidaiit  cannot  c'.i^putc  plaint- 

iir'8  title 7.  p.  nofi.-),  §  n(;o4 

whon  dufondiuit  may  dispute  plaintilfH  title 7,  p.  5073,  §  3003 

what  may  hec  nvurtod,  and  what  may  and  m;»y  notlje  the 

subject  of  acLion  of  trover 7,  p.  507 1,  §  3000 

value  of  property  immaterial . . , , 7,  p.  ri()77,  §  3010 

what  i<  ami  is  not  conversion 7,  p.  r)(i7S,  g  311(57 

mere  accidental  or  unintentional  act  not  a  conversion.  ..7,  p.  .')0S4,  §  3(!(i7 

irover  lies  against  wron;^ful  vendee  of  chattels 7,  p.  50SD,  §  30CS 

trover  between  mortyageor  and  mortgagee   for  couveraion  of 

chattels 7,  p.  50ni ,  §  3009 

trover  lies  against  agents  for  conversion,  when 7,  p.  50U3,  §  3070 

trover  lies  against    tenants    iu    common    for    conversion, 

when 7,  p.  nOOS,  §  3071 

what  is  and  is  not  conversion  by  bailee   7,  p-  5'JD7,  §  3072 

every  one  assisting  iii  wrongful  taking  of  goods  is  liable  for 

conversion 7,  p.  5099,  §  3073 

servant  not  liable  for  master's  wrongful  conversion  of  chat- 
tel lawfully  taken  by  servant  with  owner's  con- 
sent  1,  p.    693,§    329 

liability  of  partnerships  for  conversion  of  partner 2,  p.  1220,  §    508 

bailee  using  property  in  difTerent  manner  and  for  other  pur- 
poses than  those  designated  iu  contract,  guilty  of  con- 
version   4,  p.  2975,  §  1736 

liability  of  infant  for  trover 3,  p.  1522,  §    835 

assignee  of  certiHcate  of  stock  may  treat  the  refusal  to  trans- 
fer as  a  conversion,  and  sue  the  company  for  value  of 

shares 1,  p.    775,  §    4G8 

demand  when  necessary  iu  action  for  conversion  of  chat- 
tels   7,  p.  5702,  §  3G74 

refusal  to  deliver  on  demand,  when  and  when  not  a  conver- 
sion  7,  p.  5705,  §  3G75 

measure  of  damages  iu  actions  of  trover  and  conver- 
sion  7,  p.  570S,  §  3070 

return  or  offer  to  return  goods  goes  iu  mitigation  of  dama- 
ges   7,  p.  5717,  §  3G77 

judgment  for  plaintiff  for  value  of  proparty  in  trover  and 

conversion  vests  title  in  plaintiff,  when 7,  p.  571S,  §  3678 

judgment  for  conversion  of  chattels  bars  action  for  other 

chattels  taken  by  same  act 7,  p.  5719,  §  3G78 

Trustees. 

See  Assignment  for  Benefit  of  Creditors;  Guardiah 
ANO  Ward,  3;  Pkincipal  and  Agent,  12;  Uses. 


r.no*,  §  ncns 
nijtij,  §  :{G03 

5073,  §  3G0j 

fifiTt,  §n()nfj 

r'(i77,  §  .•WilO 

r)()7s,  s  3(;(J7 
no  St,  §  ••jci;? 

DUSD,  S  3UC3 

3091,  §  3fiG9 
5GJ3,  §  3070 

1005,  §  3G71 
)'J<J7,  §  3072 

5099,  §  3G73 


593,  §    329 
22G,  §    500 


975,  §  1736 
522,  §    835 


775,  §  468 
702,  §  3674 
70J,  §  3G75 
rOS,  §  3076 
•17,  §  3677 
'18,  §  3678 
19,  §  3678 


TRUSTEES.  G841 

Trustoea-frnntiniiod.) 

an  to  de.iliiv^i  Ijctwccn  attorney   and  client,  sec  ArronsET 

AND  Cl.IKNT,    7. 

1.  Tnrsrs  (!i;nhiam.v. 

2.  I)r:i  i)s  OK  TuisT  to  Seclt.e  Dests. 

3.  J{Ksi;i;riN(j  Titi'srs. 

4.  ('oNsrituiTivK  'I'lifsrs. 

5.  TliUSlKK't,    lllUIir.S  ANU  LlADII.ITIF.3  OP. 

1.    'Triinfn  (li'ticrdUj, 

trust  tlelined 4,  p.  nr.73,  §  1079 

c.xi)ru3.i  tiust;  furin  of  ncatiin  of 4,  ji.  ;V.V,\.  ij  11)7'.) 

dculiuatioii  of,  iiuuil  iMt  1)0  iiKidu  t.>  trustee 4,  p.  :;:(7l.  g  1!»79 

acceptiiiiuo  of  trust  by  cestui  i/nr  trii-it  jtr  •siiined 4,  p.  .•{:}74,  §  1!»79 

notice  of  crcntioii  of  tru-i^,  when  iu'ce>s.uy 4,  p.  3374,  §  1979 

no  trust  can  be  faiiulfd  U[iou  an  interest  derived  from  iile^^r.l 

contract,  or  iu  eontraventioii  of  law 4,  p.  3374,  §  1979 

trust  cannot  bo  created  with  a   provision   that  equitable 

e8tato  of  cestui  shall  not  be  alienated 4,  p.  3o74,  §  1979 

trust  illegal  in  p  irt  will   be  carried   into  effect,  where  legal 

part  can  bo  scparatel  from  illegal 4,  p.  3375,  §  1979 

after  trust  has  been  created  ami  acLei)ted,  creator  cannot  re- 
voke it  without  tho  consent  of  benelieiaries,  unless 
such  p  >wer  was   reserved,  or  unless   beneficiary  has 

dissented  from  the  trust 4,  p.  3375,  §  1979 

courts  of  efjuity  have  exclusive  jurisdiction  over  trusts.  4,  p.  3375,  §  1979 
jurisdicticn  in  e([uity  over  trusts  not  ousted  by  fact  that 

tlure  exists  adequate  remedy  at  law 4,  p.  3373,  §  1979 

a  court  of  oiuity  alouo  can  compel  a  trustee  to  execute  or 

surrender  trust 4,  p.  3375,  §  1979 

construction  of  statute  of   frauds   recpiiring   declarations  of 

ttuststo  be  iu  writing 4,  p.  3370,  §  19S0 

trusts  of  personalty  may  be  created  verbally 4,  j).  3412,  §  2037 

trust  void  for  uncertainty  sustained  in  ease  of  charity.  .3,  p.  1151),  ^    029 

trubt  for  illegal  object  not  enforceable 2,  p.  1171,  §    Gol 

where  trust  is  clearly  and  fully  estaMished  by  written  evi. 
dence,  pand  evidenca  not  admissible  to  rebut  it;  but 
where  written  evi  lence  is  ambiguous,  parol  eviilenco 

admissible  to  rebut  presunption 4,  p.  337G,  §  1030 

verbal   trust    partially    performed    will  be    enforced     in 

equity 4,  p.  3377,  §  1CS9 

secret  trusts  and  confidences  created  for  purpose  of  defraud- 
ing creditors  may  be  proved  by  pnrol 4,  p.  .S,'>77,  §  10S9 

executory  and  executed  trusts  distinguished 4.  p.  3377,  §  lUSl 

as  to  executed  trusts,  equity  follows  the  law;  aliter  as  to  ex- 
ecutory trusts 4,  p.  3377,  §1981 

Toliintary  trusts  enforceable  in  equity,  when 4,  p.  3378.  §  1;)S2 

imperfect  legal  assignment  not  enforceable  as  a  trust.  ..4,  p.  337S,  §  1982 


6842 


TRUSTEES. 


Trustees— (Continued.) 

voluntary  deed  of  trast  not  revncable 4,  p.  3379,  §  1982 

powers  in  the  nature  of  trust  failing,  equity  will  execute 

them 4,  p.  3400,  §  2004 

what  language  will  create  trust;  technical  words  not  neces- 
sary    4,  p.  3409,  §  2005 

where  duties  are  devolved  on  executors,  courts  will  declare 

them  trustees 4,  p.  3409,  §  2005 

person  may  create  trust  by  declaring  that  he  holds  projjerty 

in  trust  for  others 4,  p.  3410,  §  2005 

words  of  recommendation,  entreaty,  or  wish  held  to  create  a 

trust 4,  p.  3410,  §  2006 

e^cential  that  precatory  words  shall  be  certain  and  impera- 
tive  4,  p.  3410,  §2006 

no  technical  words  are  necessary 4,  p.  3410,  §  2006 

no  trust  where  full  discretion  is  given  to  legatee 4,  p.  3411,  §  2006 

subject-matter  of  recommendation  or  wish  must  be  cer- 
tain  4,  p.  3411,  §2006 

objects  or  persons  intended  to  be  benefited  must  be  cer- 
tain   4,  p.  3411 ,  §  2006 

deposit  of  trust  funds  in  bank 2,  p.    925,  §    527 

trust  funds  deposited  without  notico  to  the  bank  of  char- 
acter may  be  treated  as  private  funds 2,  p.    925,  §    527 

deposit  made  in  name  of  person,  the  word  ' '  trustee"  being 
added,  is  notice  to  bank  that  funds  are  not  deposit- 
or's  2,  p.  915,  §525:2,  p.    926,  §    527 

80 where  words  "executor," or  "general agent,"  or  "agent" 

areused 2,  p.    926,  §    527 

trustee  may  follow  trust  money  deposited,  when 2,  p.    92.5,  §    527 

bank  liable  when  it  colludes  with  trustee 2,  p.    925,  §    527 

relation  of  bunker  and  customer  is  that  of  debtor  and  credi- 
tor, and  not  trustee  and  cestui  (pie  trust 2,  p.    914,  §    525 

executed  trust  for  benefit  of  remote  relatives  in  marriage  ar- 
ticles enforceable  by  equity 2,  p.  13S5,  §    755 

2.  Deeds  of  Trust  to  Secure  Debti. 

such  deeds  are  for  all  purposes  mortgages 4,  p.  3379,  §  1983 

distinction  between  unconditional  deeds  of  trust  to  raise 
funds  for  payment  of  debts,  and  deeds  of  trust  in  na- 
ture of  mortgnges 4,  p.  3380,  §  1983 

deed  conveying  absolute  title  to  trustees  on  declared  trust 
not  construed  as  mortgage;  no  equity  of  redemption 
from  sale  tliereunder 4,  p.  3380,  §  1983 

deeds    of    trust    must  be    judicially  foreclosed    in  some 

states 4,  p.  3380,  §  1983 

under  authority  to  give  or  take  mortgages,  deeds  of  trust  in- 
cluded  4,  p.  3380,  §  1983 

deed  of  trust  cannot  be  releasodby  part  of  grantees  only. 4,  p.  3380,  §  1983 


3379,  §  1982 
3405»,  §  2004 
3409,  §  2005 

3409,  §  2U05 

3410,  §  2005 
3410,  §  2006 

3410,  §  2006 

3410,  §  2006 
J411,  §2006 

J411,  §  2006 

3411,  §2006 
925,  §  527 

925,  §  527 

926,  §  527 

926,  §  627 
925,  §  527 
925,  §  527 

914,  §  625 

385,  §  755 

379,  §  1983 

580,  §  1983 

180,  §  1983 

180,  §  1983 

SO,  §  1983 
80,  §  1983 


TRUSTEES.  6843 

Trustees— (Continued.) 

statutes  as   to  recording  of  mortgages  embrace  deeds  of 

tfu^t 4,  p.  3380,  §  1983 

assignment  of  deed    of    trust    not    permitted    unless    by 

deed 4,  p.  3330,  §  1933 

or  '  aymeat  of  debt  secured  by  deed,  title  does  not  revert 

to  grantor,  until  reconveyance 4,  p.  3330,  §  1983 

actual  conveyance  not  essential;  satisfaction  entered  on  mar- 
gin, sufficient 4,  p.  3380,  §  1983 

transfer  of  debt,  transfers  trust  deed 4,  p.  3381,  §  19S3 

caveat  emptor  applies  to  sales  under  trust  deed 4,  p.  3381,  §  19S3 

purchaser  bound  to  see  that  requisites  of  sale  have  been  per- 
formed  4,  p.  33S1,  §  1983 

equity  will  enjoin  sale  under  trust  deed  when  injury  would 

result 4,  p.  33S1,  §  19S3 

trustee  need  not  formally  accept  trust 4,  p.  338 1,  §  1984 

cannot  vary  conditions  of  deed 4.  p.  3381,  §  1984 

must  follow  directions  of  deed  as  to  sale 4.  p.  33S2,  §  1984 

trustee  cannot  delegate  his  trust 4,  p.  33S2,  §  1984 

mupi  be  present  at  sale 4,  p.  3382,  §  1984 

has  discretion  as  to  receiving  bids 4,  p.  33S2,  §  1934 

must  give  n-jw  notice  on  adjourning  sale 4,  p.  3382,  §  1984 

liable  in  damages  for  a  failure  to  use  reasonable  diligence 

in  trust,  or  for  abusing  discretionary  powers 4,  p.  3383,  §  1934 

his  misconduct  canpot  affect  creditors,  or  impair  rights  un- 
der deed 4,  p.  3383,  §  1984 

cannot  renounce  without    consent  of  beneficiary   or    of 

court 4,  p.  3383,  §  1984 

may  be  compelled  to  discharge  duties  of  trust 4,  p.  33S3,  §  19S4 

3.  ResuUirg  Trusts. 

resulting  trusts  defined;  when  arise 4,  p.  3414,  §  2003 

one  who  buys  land  for  another,  and  takes  the  title  in  his 

own  name,  is  trustee, 4,  p.  3414,  §  2003 

entry  of  land  by  one  in  his  own  name,  with  money  of  an- 
other, creates  resulting  trust 4,  p.  3414,  §  2008 

doctrine  of  resulting  trusts  applies  to  both  real  and  personal 

property 4,  p.  3415,  §  20O8 

may  in  all  cases  be  proved  by  pared 4,  p.  3415,  §  2008 

parol  eviden  ;e  to  establish  trust  must  bo  clear  and  satisfac- 
tory  4,  p.  3115,  §  2003 

presumption  of  resulting  trust  maybe  rebutted  by  parol.4,  p.  3415,  §  2008 
resulting  trust  cannot  arise  out  of  an  act  forbidden  by  law, 

statute  or  public  policy 4,  p.  3415,  §  2008 

resulting  trust  can  attach  to  title  only  at  time  of  pur- 
chase   4,  p.  3415,  §  2003 

interest  of  cestui  in  resulting  trust  an  equitable  estate  which 

may  bo  transferred 4,  p.  3415,  §  2008 


6814 


TKUSTEE3. 


Trustees— (Continned.) 

resulting  trust  may  be  enforced  against  trnstces  and  pur- 
chasers with  noticr',   but   not  against   mortgagees  or 

purchasers  without  notice 4,  p.  341G,  §  2003 

resulting  trust  arises  where  projierty  is  conveyed  to  one,  but 

price  is  paid  by  another 4,  p.  341G,  §  2009 

where  two  advance  money,  but  title  is  taken  in  name  of 

one ....4,  p.  3417,  §2009 

or  where  one  pays  p.irt  of  purchase-money 4,  p.  3417,  §  20C9 

cannot  be  created  by  agrecimait  or  contract 4,  p.  341S,  §  20C9 

on  land   convtyed  without   consideration,    trust   results   to 

grantor 4,  p.  3420,  §  2309 

resulting  trusts  abolished  in  some  states 4,  p.  3420,  §  2009 

purchase  presumed  an  advancement,  and  no  resulting  trunt 

arises  in  case  of  children  or  near  relatives 4,  p.  3421,  §  20IO 

parol  evidence  admissible  to  show  intention  of  purchaser  to 

make  pu.chase  an  advancement 4,  p.  3422,  §  2010 

presumption  of  advancement  may  be  rebutted  by  parol.4,  p.  3422,  §  2010 
resulting  trust  arises  where  trust  fails  or  does  not  exhaust 

property  ccmveyed  or  devised  on  trust 4,  p.  3423,  §  2011 

resulting  trusts  in  case  of  joint  tenancies 4,  p.  3424,  §  2J12 

4.   Constructive  TniAt.i, 

constructive  trust  defined 4,  p.  3425,  §  2013 

constructive  trust  may  be  proved  by  parol 4,  p.  3425,  §  2013 

agent  to  purchase  buying  property  for  himself  is  a  trus- 
tee  4,  p.  3426,  §2013 

agent  a  trustee,  and  must  act  in  good  faith 1,  p,    126,  §      82 

must  not  have  conflicting  interests  with  principal 1>  p.    126,  §      62 

purchases  made  by  agent  btlong  to  principal 1,  p.    127,  §      82 

profits  belong  to  principal 1,  p.  120,  §  85;    1,  p.     135,  §      92 

one  who  fraudulently  procures  a  devise  to  himself  un- 
der parol  promise  to  hold   in  trust  for  another,   a 

trustee 4,  p.  342G,  §  2013 

one  who  has  obtained  another's  property  by  fraud  is  a  trus- 
tee for  him  ex  malfdo 4,  p.  3123,  §  2013 

if  A.,  w^ith  knowledge  of  rights  of  B.,  acquires  from  owner 

title  to  land,  A.  is  trustee  for  B 4,  p.  3423,  §  2013 

purchaser  who  obtains  by  mistake  or  fraud  more  laud  than 

he  is  entitled  to,  is  a  trustee 4,  p.  3427,  §  2013 

trust  arisin.;  from  illegal  transaction  may  be  enforced  in  fa- 
vor of  innocent  party 4,  p.  3427,  §  2013 

courts  of  equity  will  not  assume  juiisiliction  to  establish 
trusts  in  every  case  where  confidence  lias  been  re- 
posed or  credit  given 4,  p.  3427,  §  2013 

trust  does  not  result  from  mere  breach  of  contract 4,  p.  3427,  §  2J13 

acquisition  of  i)!0[)erty  by  larceny  or  trespass  docs  not  cre- 
ate relation  of  trustee  and  ccntui  que  trud 4,  p.  3427,  §  2013 


TRUSTEES. 


C845 


ir- 

or 

p.  341C,  §  2003 

lit 

p.  34IG,  §20Oa 
of 

p.  3417,  §  2009 

p.  3417,  §2009 

p.  341S,  §  20C9 

to 

p.  3420,  §  2009 

p.  34i.'0,  §  2009 

.t 

p.  3421,  §  20IO 

;o 

p.  3422,  §  2010 

p.  3422,  §  2010 

It 

p.  3423,  §2011 

a.  3424,  §  2J12 

\  3425,  §  2013 
).  341^5,  §  2013 

).  3426,  §  2013 
>•  126,  §  82 
>.  126,  §  82 
'.  127,  §  82 
.    135,  §     92 


'.  342ff,  §  2013 

•  312G,  §  2013 

3423,  §  2013 

3427,  §  2013 

3427,  §  2013 


3427,  §  2013 
3427,  §  2J13 

3427,  §  2013 


Trustees    (Continued.) 

one  obtaining   rnducy  equitably   belonging  to  another  is  a 

trustee  fur  him 4.  p.  342S,  §  2014 

in  what  cases  trust  ^jroperty  may  he  fullowecl  into  hamls  of 

tliird  person 4.  p.  0129,  §  2015 

llJuciary  person  purchasing  property  with  trust  funds,  trust 

arises 4.  p.  343i,  §201G 

renewal  of  lease  by  partner  or  other  fiduciary  person  creates 

a  trust 4,  p.  SICS,  §2017 

constructive  trust  arises   vhere   person   who   is   only  part 

owner,  permanently  benefits   estate  l.y  repairs  or  im- 
provements   4,  p.  34C5,  §  2013 

a  person  expending;  monoy  bj'  mistake  upon   property  of 

another  has  no  equity  against  owner 4,  p.  3435,  §  2018 

S.  Ti-mtnes,  lilijhts  and  Liabilities  of. 

who  may  be  a  trustee 4,  p.  343G,  §  2C19 

trustee  de  son  tort  defined 4,  p.  3437,  §  2019 

implied    powers    of    corporations     to    hold    property    in 

trust 1,  pp.  G4S  640,  §    331 

husband  may  hold  land  in  trust  for  wife 2,  p.  1313,  §    716 

husband  may  convey  to  trustee  for  benefit  of  wife S?,  p.  1313,  §    716 

who  may  be  trustee  of  a  charity 2,  p.  1 1 54,  §    027 

jurisdiction  of  equity  over  charities  and  charitable  tnuts.  2,  p.  1136,  §    624 
executor  and  administrator  are  trustees,  and  profits  belong 

to  estate 2,  p.  1G43,  §928;  2,  p.  1673,  §    954 

members    of     voluntary     associations    trustees     for     each 

other 2,  p.  1072,  §    599 

directors  are  trustees  of  corporations 1,  p.    CS7,  §    411 

partner  a  truiitee  for  partnership 2,  pp.  1231-1234,  §§  Gj5-C57 


875,  § 
875,  § 

903,  § 
810,  § 


13 


513 


savings  banks  trustees  for  depositors 2,  p. 

savings  bank  trustee  for  depositors,  and  subject  to  juris- 
diction of  courts  over  trusts 2,  p. 

where  oflTiecr  of  bank  fraudulently  abstracts  funds  and  in- 
vests them  in  his  own  name,  court  will  not  declare 
liim  tiustee  and  indemnify  the  bank  out  of  invest- 
ment  2,  p. 

capital  stock  of  corporation  a  trust  fund  for  payment  of 
creditors 1,  p. 

infant  cannot  be  trustee 2,  p.  140G,  § 

who  may  be  cei-iui  ijup  tni'<t 4,  p.  "137,  §  20JO 

trustee  presumed  to  take  as  large  an  estate  as  necessary  for 

purjwse  of  trust 4,  p.  3137,  §  2021 

gift  to  trustee  of  personal  properly,  without  wcprds  of  limita- 
tion, vests  in  him  whole  estate  subject  to  trust.  .4,  p.  3438,  §  2021 

where  cestui  que  trust  dies  inttstate  witliout  heirs,  trustee 

takes  estate  freed  of  trust 4,  p.  343S,  §  2021 

rights  of  cestuis  to  income  from  estate 4,  p,  3439,  §  2021 

LAW80N  H.  &  R.  — 47G. 


402 
821 


6846 


TRUSTEES. 


Trustees— (Continued. ) 

possession  of  a  trustee  is  in  equity  poEsessioc  of  cestui  que 

trust 4,  p.  3433,  §  2021 

legal  estate  after  trust  has  ccaseil  rests  in  beneficiary  with- 
out conveyance  from  trustee 4,  p.  343S,  §  2021 

liabi'ity  of  trust  estate  for  expenses 4,  p.  3139,  §  2021 

estate  of  cestui  may  be  levlei  ou  under  execution 4,  p.  3t40,  §  2021 

trust  is  not  revocable 4,  p.  0440,  §2021 

powers  of  trustees 4,  p.  3412,  §  2022 

may  plead  statute  of  limitations  or  nut;  if  he  fails  to  do  so, 
those  for  whom  lie  holds  property  have  no  ri^ht  to  Jo 

80 4,  p.  3143,  §2022 

powers  of  cestui  que  trust  in  general 4,  i>.  344.'),  §  2023 

may  alien  estate,  when 4,  p.  3445,  §  2023 

title  of  cestui  who  purchases  trust  e-tate 4,  p.  3110,  §  2023 

CC5<H»  m:»y  bring  bill  to  obtain  estate 4,  p.  3 HO,  §2023 

may  maintain  ejectment 4,  p.  314i),  §  2  23 

may  bring  suit,  when 4,  p.  341G,  §  2023 

ecsiuis  que  tru4ent  need  not  be  j^jiucd  in  action  by  creditors 

to  reach  trust  property 4,  p.  3447,  §  2323 

when  cestui  a  necessary  party  to  suit 4,  p.  3447,  §  2023 

trustee  must  accept  trust 4,  p.  341S,  §2024 

acceptance  may  be  implied;  ilUntrations 4,  p.  314S,  §2024 

jurisdiction  of  court  of  equity  to  appoint  trustee 4,  p.  3140,  §  2024 

duties   of    trustee;    to    conform    bttictly  to  directions    of 

trust 4,  p.  3450,  §  2025 

eestuis  que  tntstent  may  file  bill  against  trustee,  to  compel 

him  to  execution  of  duty 4,  p.  3451,  §  2025 

trustee  may  be  enjoined  from  doing  act  contrary  to  directions 

of  trust 4,  p.  3451,  §  2025 

equity  will  hold  trustee  responsible  for  highest  value  of 
property    sold    by   him    in    violation    of    terms    of 

trust 4,  p.  3151,  §  2025 

trustee  acting  in  good  faith  will  bo  protected,  though  trust 

subsequently  declared  void 4,  p.  3151,  §  2025 

trustee  must  account  and  keep  accounts 4,  p.  3152,  §  2026 

liability  of  trustee  mingling  trust  fuuds  with  his  own.. 4,  p.  3453,  §  2026 
trustee  personally  liable  for  purchases  made  by  him  . .  .4,  p.  .3451,  §  2023 

trustee  cannot  delegate  his  authority 4,  p.  3155,  5  2027 

except  as  to  ministerial  duties 4,  p.  3155,  §  2027 

trustees   bound  only  to  take  same  care  of  trust  property  as 

man  of  ordinary  caution  would  take  of  his  own.  .4,  p.  345!},  §  2023 
not  liable  for  any  accidental  los^s,  or  one  occurring  withnut 

their  fault 4,  p.  3456,  §  2023 

not  liable  for  robbery  of  the  property  while  inliisown  pos- 
session, or  in  the  possession  of  others 4,  p.  345G,  §  2023 

but  trustee  is  always  liable  when  he  is  negligent ....  4,  p.  3457,  §  2028 


TRUSTEES. 


6847 


.  3433,  §  2021 

,  3433,  §  2021 

,  3439,  §  2021 

3 140,  §  2021 

3440,  §  2021 

3442,  §  2022 


3143,  §2022 
344.-;,  §  2023 
3445,  §  2023 
3 1 10,  §  2023 
3l4n,  §2023 
3 14ii,  §  2  23 
344G,  §  2023 

3447,  §  2323 
3447,  §  2023 
3418,  §  2024 
3148,  §  2024 
3140,  §  2024 

3450,  §  2025 

3451,  §  2025 
3451,  §  2025 

3151,  §  2025 

3131,  §2025 

3152,  §  2026 
345.1,  §  2026 
>151,  §2023 
Um,  5  2027 
il55,  §  2027 

1455,  §  2023 

I45G,  §  2023 

45G,  §  2023 
457,  §  2028 


Sins,  §2023 
3451),  §  2029 
315!),  g  2029 
3401  §  2029 
^0,  §   2S 

3404,  §  2030 
34G4,  §  2030 


Trustees —(Continued. ) 

remedy  of  cealui  against  trustee  for  negligence  's  in    nii- 

..*y 4,  p. 

liability  (i  trustee  for  investments 4,  p. 

duty  to  invest  trust  money 4^  p 

in  what  trustee  may  or  may  not  invest  trust  money. . .  ,4,  p. 

trustees  m:iy  appoint  amenta .1^  p 

trustees  must  not  deal  with  trust  property  to  their  own  ad- 
vantage  4   p 

or  t:dce  advanta;;e  of  their  fiduciary  position 4,  p. 

receiving  bonus  for  lending  trust  money 4,  p.  34fj4^  §  0030 

lending  money  on  usurious  interest 4,  p.  ^n',4^  §  oquq 

using  money  in  stock  speculations 4,  p.  3404,  §  2030 

buying  up  claims  against  estate 4^  j).  34G4,'  §  2030 

buying  up  outstanding  titles 4,  p.  ^407),  §  2030 

purchasing  at  trust  sale 4   p.  34(]5_  g  0930 

renewing  lease  in  their  own  name 4,  p.  34g,'5^  g  o()3() 

cestui  may  sut  aside  such  sales 4,  p.  34(j(3,  §  2030 

dealings  between  cestui  and  trustee 4,  p.  3JC7   §  2030 

all  of  several   co-trustees  must  join  in  exercising  duties  of 

.*''"^* 4,  p.  34CS,  §  2031 

majority  of  trustees  in  care  of  public  trusts  may  bind  all  .4,  p.  34o'S,  §  2031 
liability  of  one  trustee  for  acts  and  defaults  of  co-trustee. 4,  p.  34G9,  §  2031 
trustees  are  entitled  to  reasonable  compensation  for  scrv- 

'•=" 4,  p.  3470,  §2032 

■when  trustees  not  entitled  to  compensation 4,  p.  3472  §  2032 

trust  estate  must  bear  expenses  of  administration 4,  p.  3471,  §  2032 

trustee  after  accepting  trust  cannot  renounce  it 4,  p   3473,  §  2033 

except  w ith  consent  of  court 4,  p.  3473  §  2033 

quitclaim  deed  from  trustee  to  grantor  reinvests  grantor 

with  legal  estate,  and  divests  trustee 4,  p.  3473,  §  2033 

trustee  will  be  removed  on  application  to  court 4,  p.  3474,  §  2034 

what  is  and  is  not  good  ground  for  removal 4,  p.  3474,  §  2034 

procedure  on  application  to  remove  trustee 4,  p.  3474  §  2034 

remedy  of  cestui  que  trust  against  trustee  for  breach  of  trust 

may  be  barred  by  concurrence  of  cestui  que  trust,   or 

acquiescence  after  full  knowledge 4^  p.  3475  2035 

cestui  que  trust,  by  a  release  or  confirmation,  prevents  himself 

from  taking  proceedings  against  trustees  for  breach  of 

trust 4   p 

but  not  binding  on   him  unless  he  had  full  knowledge  of 

facts  of  case 4   p 

express  trust,  as  between  trustee  and  cestui  que  trust,  not 

barred  by  lapse  of  time  as  long  as  trust  exists. .  .4,  p. 
in  cases  of  constructive  trusts,  statute  runs  against  cestui  que 

trust  fr.)m  time  he  has  acquired,  or  miyht  have  acquired 

knowledge  of  fact  upon  which  trust  is  founded.  ,4,  p.  3477,  §  2038 


3476,  §  2035 

.  347G,  §  2035 

3476.  §  2036 


G848 


TEUSTEES — USAUE  MsD  CUSTOM. 


Trustees— (Continued. ) 

statute  of  liinitatioua  as  against  crs<i(tb3;^ins  to  run  from  time 

trust  is  repudiated  or  disul.iiined  by  tin.itee 4,  p.  ol77j  §  2035 

to  enable  trustee,  without  giviii;^' up  the  pjasi'ssion,  'm  turn 
it  into  adverse  lioklin;,'  a.' liust  cestui,  evidence  must 
be  clear  and  adverse  claim  must  be  brought  home  to 

cctilui 4,  p.  3177,  §  2TS 

trustee's  delay  until  barredby  stilt  it'j  will  also  bar  ce,s<(//. 4,  p.  3176,  §  liv,3G 
statute  of  limitations  runs  in  cas.-  of  trust  estate  iu  favor  of 
a  stranger   in  exclusive   adverse  possession    against 
both   trustee   and  cealiii,    whether  for  life  or   in  re- 
mainder  4,  p.  347S,  §  203G 

Trustee  de  Son  Tort. 

defined 4,  p.  3437,  §  2010 

Trusts. 

See  TRrsTEEs;  Uses. 
Ultra  Vires. 

See  CoKroiiATiONS,  3;  MuxicirAL  ConroRATioxs,  1. 
Umpire. 

See  Arbitration  and  Award. 
Undue  Influence. 
See  also  Fraud. 
agreements  obtainorl  through  oppresuon  or  undue  influence 

may  be  set  aside  ii\  equity 5,  p.  3947,  §  23G9 

Unlawful  Detainer. 
Seo  Landlord  and  Tenant,  8. 

does  not  lie  to  recover  a  part  of  railroad 2,  p.    974,  §    542 

Usage  and  Custom. 

written  co'itract  can  be  varied  to  show  that  contract  waa 

made  subject  to  a  usage  of  trade 5,  p.  33S2,  §  2311 

governs  mode  of  executing  agency 1,  p.    120,  §      73 

disregard  by  agcn!;  of  instructions  cannot  be  excused  on 

ground  of  usage 1,  p*    122,  §      81 

that  agent  may  retain  profits  belonging  to  principal,  in- 
valid  1.  p.    120,  §      83 

may  settle  amount  due  ageut  for  compensation  for  serv- 
ices  1,  p.    148,  §     95 

usage  that  person  purchasing  for  undisclosed  principal  is 

personally  liable,  admissible 1,  p.     175,  §    107 

usage  to  exonerate  agent  signing  contract  in  his  own  name 

from  liability,  inadmissible 1,  p.     175,  §    107 

for  one  of  two  joint  agents  to  act ,..1,  p.      22,  §      21 

to  prevent  delegation  of  authority  of  agent 1,  j).      27,  §      27 

may  regulate  amount  of  attorney's  fees  or  compensation.!,  p.    S2l,  §    197 

may  enlarge  or  prescribe  powers  of  bank  clerks 2,  p.    912,  §    524 

of  Lank  as  to  presentation  of  check  received  for  collec- 
tion  2,  p.    8C5,  §    512 


no 

P- 

3177, 

§ 

2038 

I'U 

st 

to 

1>- 

3177, 

§ 

2r>G 

P- 

3173, 

S 

2.36 

of 

ist 

•0- 

p- 

S47S, 

§ 

203Q 

p- 

3137, 

§ 

2010 

li 


ce 

P- 

3917,  §  2369 

P- 

074,  § 

642 

as 

P- 

38S2,  § 

2311 

P- 

120,  § 

73 

>n 

P- 

122,  § 

81 

11- 

P- 

123,  § 

85 

V- 

P- 

118,§ 

95 

13 

P- 

175,  § 

107 

le 

P- 

175,  § 

107 

P- 

22,  § 

21 

P- 

27,  § 

27 

P- 

S21,  § 

197 

P- 

012,  § 

524 

c- 

P- 

8G3,§ 

512 

USAGE  AND  CUSTOM.  6849 

Usage  and  Custom— (Continued  ) 

of  bauk  not  to  pay  any  of  its  bills  voluntarily  cut  in  two 
without  i)rocluction  of  both  parts,  or  to  pay  but  one- 
half  face  value  of  bill,  invalul S,  p.    9G5,  §    536 

note  not  negotiable  by  general  law  may  be  by  custom  of  lo- 
cality  4,  p.  2579  n,  §  1444 

usages  as  to  demand  of  negotiable  paper  and  notice  of  dis- 
honor   4,  p.  2711,  §  1549 

authority  of  brokers  determined  by  cu3tom  of  stock  ex- 
change  1,  p.    303,  §    223 

factor  governed  by  the  usages  of  the  trade 1,  p,    423,  §    230 

carrier  may  hold  himself  out  as  undertaking   to   carry  other 

things  than  goods 4,  p.  3073,  §  1789 

carrier's  charges  where  not  fixed  by  agreement  are  regu- 
lated by 4,  p.  3154,  §  183C 

where  terms  of  bill  of  lading  or  other  contra  t  have  acipiired 
by  usage  a  particular  meaning,  parties  will  be  pre- 
sumed to  have  used  them  in  that  i-cnse 4,  p.  31  OR,  §  18(13 

usage  must  be  uniform 4,  p.  319(5,  §  1833 

common-law  liability  of  a  carrier  cannot  be  restricted  by. .. 

4,  p.  3196,  §  18G3;  4,  p.  31!W,  §  1861 
meaning  of  terms  of  bill  of  lading  may  be  explained  by. 4,  p.  3197,  §  1863 
delivery  according  to  usage  of  business  binds  carriers.  ..4,  p.  3100,  §  1805 

authority  of  carrier  to  sell  goods  may  arise  by 4,  p.  3151,  §  1835 

corporation  may  acquire  diflerent  name  by  usage 1,  p,    G76,  §    404 

lien  may  be  given  to  corporation  by  the  usage  of  company, 

known  to  stockholders 1,  p.    772,  §    465 

easement  may  exist  by  custom 6,  p.  4528,  §  2776 

customary  use  of  premises  always  permitted,  although  policy 

may  proliibit  the  particular  use 

6,  p.  3G03,  §  210G;  5,  p.  3612,  §  2112 
usage  of  insurance  company  to  allow  certain  time  after  the 
day  appointed  in  which  payment  might  be  made  is 

waiver  of  forfeiture 5,  p.  3535,  §  2074 

where  company  has  been  accustomed  to  send  notice  to  in- 
sured when  premium  fell  due,  it  cannot  exact  forfeit- 
ure for  non-payment  without  giving  such  notice.. 5,  p.  353G,  §  2074 

contract  of  marine  insurance  construed  by 5,  p.  3t>92,  §  21 G2 

meaning  of  words  in  policy  explained 5,  p.  3()9.',  §  2163 

interest  may  become  payable  by 5,  p.  40.16,  §  2436 

compound  interest  may  be  allowed  by 5,  p.  4069,  §  2443 

to  pay  rent  in  advance  cannot   be  applied  to  an  express 

covenant  to  pay  quarterly 6i  p.  4595,  §  2815 

usage  may  show  service  required  of  servant 

1,  p.   455,  §  253;  1,  p.    457,  §    257 
custom  that  printers  of  books  not  entitled  to  anything  until 

whole  work  printed,  admissible 1,  p.    469,  §    266 


6850 


USAGE  AND  CUSTOM — USURY. 


>^ 


TTsage  and  Custom— (Continued.) 

custom  may  give  right  to  enil>lcment3 0,  p.  4374,  §  2()?2 

nsage  may  regulate  length  of  term  of  hiring li  ]>•    401 ,  §    2G0 

regulates  einpl.iyes'  wages 1,  p.    4{!**,  §    2G6 

hours  of  labor  depends  on  custom  of  trade 1,  p.     4.5'J,  §    S.lli 

duty  of  railroad  as  to  persons  on  track  by  tusti.m 3,  p.  2100,  §  1194 

"Used." 

construction  of 2,  p.  11S2,  §  C33 

Uses. 

See  also  Trusts. 

uses  at  common  law 4,  p.  .^HfiS,  §  1073 

shifting  uses 4,  p.  3.%9,  §  1073 

■pringing  uses 4,  p.  33G9,  §  1073 

statute  of  uses  in  the  United  States 4,  p.  3300,  §  1974 

exceptions  to  statute:  chattels  or  chattel  iiit 'rests. .  .4,  p.  337t>,  §  1075 

use  upon  a  use 4,  p.  337 1 ,  §  1 97G 

active  or  special  uses 4,  p.  3371 ,  §  1077 

when  are  uses  active  and  when  passive 4,  p.  3o71,  §§  1977-1979 

Usury. 

See  also  LsTEniST;  Xatioxai,  Eaxks. 

usury  defined;  statutory  provisions  as  to 5,  p.  4073,  §  24 16 

■what  contracts  are  within  statute 5,  p.  4074,  §  244G 

repeal  of    usury  law  takes  away  defense   of   usury  in  all 
actions    thereafter    brought,    whether    contract   Mas 

made  before  or  after  repeal 5,  p.  4074,  §  2446 

■when  law  is  repealed  after  action  is  brought,   defense  may 

beset  up 5,  p.  4074,  §2446 

statute  modifying  rate  of   interest,  or  i)enaltie3   for   usury, 

cannot  apply  to  a  loan  made  before  aLit  took  effect.  5,  p.  4074,  §  2446 
may  apply  to  subsequent  agreement  by  which  parties  extend 
time   for    payment    of    loan,    terms    remaining    un- 
changed   5,  p.  4074,  §  2446 

intent  to  take  usurious  interest  essential 5,  p.  4075,  §  2447 

coutract  usurious  on  account  of  some  accident  or  mistake  in 

calculation,  not  illegal 5,  p.  4075,  §  2147 

if  transaction  not  usurious,  fact  that  it  was  inteude.l  to  be 

irrelevant 5,  p.  4076,  §  2447 

mistake  of    law  will  not  jjrevent  transaction  from  being 

usurious 5,  p.  4076,  §  2447 

both  parties  must  have  had  knowledge  of  facts  which  render 

transaction  usurious 5,  p.  4076,  §  2447 

lender  may  receive  excess  over  legal  interest  voluntarily  paid 

by  third  person 5,  jj.  4076,  §  2447 

to  constitute  usury,  essential  th;-t  there  should  be  lending 

and  borrowing 5,  p.  4076,  §  2443 

on  loan  of  chattels,  any  comp?ns.ation  agreed  upon  legal. 5,  p.  4076,  §  2443 
sale  of  land  or  chattels  for  excessive  price  not  usury. .  .5,  p.  4077,  §  2449 


p.  4374.  §  2r)?2 
[>.  401,  §  2G0 
1.  4()»!,  §  266 
>.  452,  §  253 
>.  2100,  §  1194 

p.  11S2,  §  G33 


).  33(5'^,  §  1973 
.  33G9,  §  1973 
.  33G9,  §  1973 
.  33(;9,  §  1974 
.  3371),  §  1975 
.  3371,  §  1976 
.  3371,  §  1977 
§§  1977-1979 


4073,  §  2446 

4074,  §  2446 


4074,  §  2446 
4074,  §  2446 
4074,  §  2446 

4074,  §  2446 
4073,  §  2447 

4075,  §  2147 

4076,  §  2447 

4076,  §  2447 

4076,  §  2447 

4076,  §  2447 

4976,  §  2443 
4076,  §  2443 
i077,  §  2443 


USUBY. 


6851 


TJaury— (Continued.) 

exchange  of  scuuritica  not  usurious,  unless  a  device  to  pvade 

statute 6,  p.  4070,  §  2448 

sale  of  chose  ia  action  at  discount  not  usury 6,  p.  4078,  §  2  loO 

usury  by  corporation,  eJect  of 5,  p.  4t>79,  §  2451 

form  of  contract  not  regaided,  courts  vigilant  in  looking 

at  real  transaction,  notwithstanding  f '  rin 0,  p.  40SO,  §  2452 

not  necessary  that  more  than  legal  rate  pur  cent,  is  8ti|)u- 

lated  for;  sufficient  if  more  is  taken 5,  p.  4030,  §  2452 

whether  transaction  fair  on  its  face  is  a  device  to  obtain 

usury,  a  question  for  jury 5,  p.  4081,  §  2452 

bonus  or  commission  of  broker  not  usury,  when 5,  p.  40S2,  §  2453 

bonus  or  commission  to  lender  not  usury,  when 5,  p.  iOS2,  §  2453 

receiptof  unlawfalintcrcstbyagontbiudsprincipalwhcn.S,  p.  40s2,  §  2454 

or  by  guardian  binds  ward  when 5,  ?•  40S3,  §  2454 

in  8omc  states  negotiable  paper  given  on  usurious  contract 

void  in  the  hands  of  innocent  holder  for  value.  ..5,  p.  4083,  §  2455 
in  others  defense  of  usury  cannot  be  set  up  against  bona  fide 

holder  for  value 5,  p.  40S3,  §  2455 

bank  discounts  and  exchange,  when  usurious 5,  p.  4034,  §  2456 

where  loan  or  undertaking  is  hazardous  or  uncertain,  more 

than  legal  rate  may  be  taken 5,  p.  40S4,  §  2457 

agreement  that  if  debt  not  paid  at  maturity,  interest  ex- 
ceeding legal  rate  or  gross  sum  shall  be  made  as  dam- 
ages, not  usurious 5,  p.  40S3,  §  2453 

stipulation  in  bill,  note  or  mortgage  for  an  attorney's  fee  to 
be  paid  by  maker,  if  it  has  to  be  collected,  not  usuri- 
ous  5,  p.  408"),  §  2458 

not  usurious  to  take  highest  legal  rate  iu  advance 5,  p.  4035,  §  2459 

compounding  interest  not  usurious 5,  p.  4uSG,  §  2459 

forbearauce  or  extension  of  time  at  higher  than  legal  rate 

is  usurious 5,  p.  4086,  §2460 

usurious  note  given  and  partly  paid;  new  note  given  for  bal- 
ance is  also  usurious 5,  p.  40S6,  §  2460 

new  or  substituted  securities  for  usurious  debt  remain  tainted 

with  original  usury 5,  p.  4037,  §  2461 

aliter  where  new  security  carries  only  legal  interest.  .5,  p.  4037,  §  2461 

new  security  valid  in  hands  of  bona  fide  holder 5,  p.  4067,  §  24G1 

contract  legal  when  made  will  not  be  avoided  by  subsequent 

agreement  to  pay  usurious  interest 5,  p.  4088,  §  2461 

nsurious  interest  may  be  recovered  back  in  some  states;  not 

in  others 5,  p.  4089,  §  24G2 

payment  must  have  been  voluntary 5,  p.  4089,  §  2462 

right  by  statute  is  cumulative;  common-law  action  re- 
mains   5,  p.  4089,  §  2462 

■caled  release  no  bar  to  recovery 5,  p.  4089,  §  2462 

party  sued  on  debt  may  set  off  usurious  interest  paid.  .6,  p.  4089,  §  2462 


6852  USURY— VESSELS. 

Usury— (Continned.) 

where  juilgmcjut  obtained  for  principal  and  usurious  interest, 

latter  cannot  bo  rccuvurod  baok  in  action  at  law. 5,  p.  4090,  §  2102 
reservation  of  i'd('j,'al  rate  does  not  prevent  recovery  of  princi- 
pal and  ley.d  interest 5,  p.  4O0O,  §  24G2 

penalties  recovtrablo  in  some  states  for  takin;;  illcLjal  in- 
terest  6,  p.  4(190,  §  24(53 

equity  will  relievo  against  usurious  contract 5,  p.  40!)1,  §  24()4 

equi'y  will  enjoin  collection  of  usurious  interest 5,  p.  401)0,  §  24G4 

defense  of  usury  personal  to  l)arty,  bis  privies  or  repre?  mt- 

atives,  cannot  bo  set  up  by  stranger 5,  p.  4091,  g  2IG5 

who  may  and  may  not  plead  u-ury 6,  p.  4091,  §  2405 

borrower  may  waive  forfiiLure  or  penalty  for  usurinus  cnn- 

tiact 5,  p.  4093,  §  21G6 

party  may  be  estopped  by  bis  acts  from  setting  up  defense 

of  usury 5,  p.  4^93,  §  24GG 

lender  cannot  set  up  usury  to  avoid  bis  contract 5,  p.  4094,  §  24GG 

corporation  cannot  plead  usury  in  defen.se  to  suit  upon  its 

own  obli;,'ation 5,  p.  4094,  §  21GG 

form  of  plea  of  usury 5,  P-  4094,  §  24G7 

evidence  necessary  to  suppoit  plea  of  usury 5,  p.  4094,  §  24G8 

moral  obligation  to  pay  legal  interest  on  usurious  bund  bulli- 
cieut  consideration  to  support  new  bond  with  legal 

interest 6,  p.  3771,  §2249 

Vagrrant. 

husband  becoming,  a  cause  for  divorce 2,  p.  1442,  §    787 

Value. 

See  Expert  and  Opiniox  Evidence. 

"  value,"  what  is -. 4,  pp.  274G-2749,  §  1580 

Valued  Policy. 

See  In.suuance,  1. 
Variance. 

See  Plkadino  and  Practice. 
Vegetables. 

Sl'c  Fkoit  and  Vegetables. 
Vendor  and  Purchaser. 

See  CosTRACT.s,  8;  False  Representation.s;  Stoppage  ik 
TRAN.siTa;  Waurantiks. 

vendee  in  possession  is  not  servant  of  vendor 1,  p.    517(  §   293 

Vendor's  Lien. 
See  Liens,  2. 
Venue. 

See  Pleading  and  Practice. 
Verdict. 

See  Pleading  and  Practice;  Judgment. 
Vessels. 

See  Suits  and  Shippino. 


4090,  §  21C2 

4O0O,  §  24G2 

4090,  §  21f)3 
40!)1,  §24(U 
40:}0,  §  ^'404 

<O0I,  §2105 
40i)l,  §  24G3 

i093,  §  21C6 

t^nS,  §  24CG 
10'J4,  §  2400 

10^4,  §  24GG 
t0!'4,  §  2407 
094,  §  24G8 

771,  §  2249 
442,  §    787 

r4D,  §  1580 


17,  §   293 


VISITOaS— VOLUNTARY  ASSOCIATIONS.  6853 

Visitora. 

visitors  of  charitable  corporations;  powers  aud  duties  of. 2,  p.  1183,  §  03 1 
Via  Major. 

SejAcropOoD;  CAnnrKUs;  Contr.\ct3. 

title  liy  ci  III  fusion  liy  vis  major 3,  p.  2100   S  ir>"3 

hirer  not  liable  fur  loss  by  via  mnjur 4,  p.  ijyjy  s  jjjg 

Voluntary  Associations. 

See  aldo  Dknicfit  SuciirriKs;  Ctcn?!, 

voluntary  asaouiatioiiH  aro'reganlud  as  partnerships 2,  p.  lOTl,  §    501 

are  subject  to  control  of  courts 2.  p.  ICOl,  §    501 

may  rugiibito  (  on. lu',-t  of  odicurs  by  by-laws 2,  p.  lUJl,  ^    5'Jl 

title  to  property  may  be  in  association  before  inc<.i[.o- 

'■'^*«^'' 2,  p.  1CG2,  §  51)1 

powers  of,  may  appropriate  funds  to  objects  witliia  sco,  t,-  of 

Jisso  iation 2.  p.  lOr,?,  §  505 

may  make  valid  ' .aso 2,  p.  1'  02,  §  595 

but  may  not  ho'  1  real  estat,; 2,  j,.  kkjo  ^  5  ,- 

may  sue  in  cor  ..rate  capa 'ity 2.  p.  lU:;:!,  §  595 

not  bound  by  action  of  part  of  members 2,  p.  lOO:!,  §  595 

may  be  ce.stui  que  trust 2,  p.  lOG.'},  §  595 

agricultural  society  no  authority  to  employ  hackmeu  to  on- 

vey  persons  to  and  from  grounds 2,  p.  1003,  §  505 

may  take  beijuest  or  devise 2,  p.  lOU.J.  3  5'  5 

may  pass  by-laws,  rules  and  regulations 2,  p.  1004,  §  595 

powers  an  1  duties  of  officers  of  voluntary  association.  .2,  p.  1004,  §  5!)G 

agents  of,  pursoually  liable  on  contracts 2,  p.  1005,  g  597 

members;  rights,  powers  and  duties  of 2,  p.  10G3,  §  593 

courts  cannot  compel  the  admission  of  applicant  for  mom- 

^e^l^'P 2,  p.  10G7,§    593 

membership  not  forfeited  per  se  by  uon-user 2,  p.  10(57,  g    0J8 

nor  by  temporary  membership   in  another  association,  in 
violation  of  by-law  of  original  association,  if  aeipiiesecd 

in  by  company 2,  p.  1037,  §    593 

members  have  no  severable  interest  iu  the  property  of  asso- 
ciation, or  a  right  to  pro])ortionate  part  of  it,  if  they 

resign,  forfeit  membership,  or  are  expelled 2,  p.  10G7,  §    593 

where  association  has  no  property,  membership  alone  gives 

courts  no  jurisdiction  to  interfere 2,  p.  10G7,  §    598 

mtsmber  must  resort  to  tribunal  provided  by  by-laws. .  .2,  p.  1007,  §    593 

member  cannot  sue  association 2,  p.  lOJi  §    5J3 

but     may     proceed     against     individual     members    in 

«1"'*y 2,p     J0C3,  §  593 

members  cannot  dispose  of  property  of  association 2,  p.  1008,  §  593 

member  of  association  not  entitled  to  c  impensation  for  c  m- 

ducting  the  business  of  the  association 2,  p.  1069  §  598 

where  membership  iu  association  is  of  pecuniary  value,    not 

such  property  as  can  be  attached 2,  p.  1069,  §  593 


C854  VOLUNTARY  ASSOCIATIONS — WAQERS. 

Voluntary  Associations— (Continued.) 

may  recover  for  seivicos  previous  to  Leuoniing  member.  2,  p.  I0C9,  §    698 

Scat  in  Htock  uxclian^c  may  bu  diitpitaud  of  acuurdin^  to  rulus 

of  socioty a,  p.  1070,  §    598 

non-nioinliLTs   wiio  nro  creditors  must  bo  i)aid  before  chiiins 

of  inunilicrs  ciiii  bo  paid 3,  p.  1071,  §    598 

association  may  bu  sued  by  one  member  for  maintaiuinjj  nui- 

since 2,  p.  1071,  §   598 

liabilities  of  nieuibcr.s  of;  trustees  for  each  other 2,  p.  1072,  §    599 

members  individu  dly  li.ible,  as  partners,  to  thinl  parties  for 

all  debts  (if  the  association 2,  p.  1072,  §    599 

members  of  voluntary  association  for  edu(;ational  purposes 
liable  fur  wa^jea  of  teacher  hired  by  actiuij  presi- 
dent  3,  p.  1072,  §   599 

persons  contractinr;  in  name  of  association  which  is  unincor- 
porated, personally  liable 2,  p.  1073,  §    599 

member  continues  liable  after  he  ceases  to  be  a  member,  and 

until  notice  t)  creditors 2,  p.  1073,  §    599 

if  one  of  members  dies,  creditor  of  association  must  proceed 

and  exhaust  remedy  a^'ainst  surviving  inendjeri.  .2,  p.  1073,  §    599 

action  on  promissory  note,  signed  by  directors  as  such,  of 
voluntary  association,  should  bo  brought  against  all 
members 2,  p.  1073,  §    599 

one  whose  name  was  signed  to  the   articles   of  association 

without  authority  may  bo  omitted  as  dcfendant.2,  p.  1073,  §    599 

parties  to  action  against  voluntary  association  under  N.  Y. 

code 2,  p.  1073,  §   599 

suspended  member  of  Odd  Fellows'  lodge  liable  for  dues  ac- 
cruing ixfter  suspension 2,  p.  1073,  §    599 

dissolution  of  voluntary  association  for  dissensions  and  dis- 
putes among  members 2,  p.  1074,  §    GOO 

for  excluding  mendjcrs  or  officers  from  rights 2,  p.  1075,  §    COO 

by  expiration  of  time 2,  p.  1075,  §    GOO 

vote  to  dissolve  association  and  dispr.se  of  its  property  not 
authorized  by  notice  of  a  special  meeting  which  does 
not  st:ite  business  to  be  transacted 2,  p.  1075,  §    COO 

on  dissolution  of  voluntary  asKojiution,  trustees  cannot 
maintain  replevin  agaiust  member  to  recover  common 
property 2,  p.  Iu75,  §    600 

communications  by  members  of  corporate  bodies,  churches 
and  other  voluntary  societies  addressed  to  body  or 

any  otlicial  thereof,  privileged 3,  p.  2333,  §  1298 

Voters. 

at  shareholders'  meetings,  see  Corporations,  5;  Elections. 
Wagers. 

wagers  are  not  illegal  at  common  law 5,  p.  4037,  §  2420 

alUcr  by  statutes  in  most  of  the  states 5,  p.  4039,  §  2i'20 


p 

.  10C9,  § 

698 

tiS 

p 

.  1070,  § 

508 

118 

P 

.  1071,  § 

598 

11- 

P 

1071,  § 

593 

P 

1072,  § 

599 

)r 

P- 

1072,  § 

599 

•s 

1- 

P- 

1072,  § 

599 

r- 

P. 

1073,  § 

599 

d 

P- 

1073,  § 

599 

a 

p- 

1073,  § 

599 

>f 

11 

>• 

1073,  § 

699 

11 

). 

1073,  § 

599 

). 

1073,  § 

599 

). 

1073,  § 

599 

>. 

1074,  § 

600 

). 

1075,  § 

COO 

). 

1075,  § 

GOO 

t 

3 

. 

1073,  § 

COO 

b 

1 

lu75,  § 

600 

.  2333,  §  1298 

.  4037,  §  2420 
.  4039,  §  24i'0 


WAGERS— WAIVEB.  G855 

Wagers- (Continned.) 

recovery  of  money  from  «takel.oMcr,  when  allnwcd...   0   n  4039  «'>t''l 
money  or  other  property  lo.t  at  play  or  on  w.^^er  cannot'he 

recovered  hack  from  u i„„er 5.  p.  4041.  §  2122 

While  contract  is  executory,  equity  «  ill  relieve 6    p   4  )4  •   §  "l-a 

money  loaned  to  he  use.l  in  KauM.,^  cannot  he  recov.rcl.S.  p.  401^.'  §  'i^3 
note,  bon.l,  or  ..ther  .ocurity  given  for  money  lost  at  gam- 
Lima  void,  (V.    in  hands  of   b.m  JiUe.  holder    for 

value _        ^„,.    „ 

,  O  p  404 1   8  "4"3 

in  some  states  bona  fide   holder  for  value  of  nt-oti.il,'le  'sc-' 

curity  is  protected «         .^..    o„.^^ 

bill  of  sale  of  «oods  lost  at  gaming  ;;;d: .' :::;:; ; ; ; ; ; :  -5'  ;;■  ^^\\  .;;;3 

equity  will  relieve  against  judgment  founded  on  gamine 
debt,  though  defendant  failed  to  make  defense  at 
law 

contracts  for  future  delivery  ^i  goodV  i-aiid".*.';.".';;  *.' '  5'  I!  4ot''  5  otw 
alter  where  it  is  intended  that  no  property  pass,  hnt  that         " 
one  party  sho  >ld  pay  to  other  diirerence  hetween  sell- 
mg  pnco  of  article  at  that  time  and  at  time  of  con- 
tractmjj -         .^  _  . 

,.  "       5,0,40'"  5"4"4 

time  contracts  ma.le  in  good  faith  for  future  delivery  of  grain        ""  '  " 
orother  commodity  not  pndiil.ited 5   „  4010  50.01 

wager  policies  of  Hre  insurance  invalid ....  '5'   ,'  ^-,-:'  ! .;,  "J 

waSr'"" "' '""""  " ""'' ""'  p-mitted:::;;:;5; ;:  '^^{,  1 1^ 

^^a^e  common  carriers 4,  p.  30S3.  §  1792 

what  are ^ 

Waiver.  3,  p.  23SS,  §  1311 

See  IxsuRAXCE,  3,  a,  b. 

of  presentment  of  bill  or  note,  see  Xegotiabie  Ivstku- 

MENTS,  5. 

of  notice  of  dishonor;  see  NFOOTTAr.LE  Ixstrcments  C. 
of  forfeiture;  see  Keal  riioPEUTV,  4.  ' 

party  may  waive  delay  or  other  dcf'.nlt  in   performance  of 

Cfiutract. . . . 

,    ^  5,  n,  4140  5  "iO'l 

m  what  manner  performance  of  conditions  precedent  may  be 

waived  or  discharged k    ^    ....   «  „.,. 

defects  in  tender,  or  ten.ler  of  payment";;  pVrf^rman'cie,' may  '  ^  "''' 

be  waived  by  creditor 5,  p.  419-'  §  "534 

borrower  may  waive  forfeiture  or  penalty  for  usurious  c^n-         " 

tract e 

implied  power  of  agent  as  to  waived.  .'.*.' i'    '  n/n -'  8  '^S 

authority  of    agent  of  in;orance   company  to  waive   for-    '     "^ 

feiture _        „_„^   „ 

,       ...  ,    5,  p.  3732.  §  2214 

of   privilege    of    communication     between     attorney     and 

client ,  „.„   . 

l.P-    243,§    147 


^^BB 


6S56  WAIVER — WARRANTIES. 

"Waiver— (Continued. ) 

iinplieJ  power  of  attorney  to  waive  client's  rights 1,  p.    291,  §    173 

implied  powers  of  coriioration  to  waive  its  le-al  rights..!,  p.    C5j,  §    3S7 
corporation  may  waive  lien,  on  sliares,  by   pfruiitting  trans- 
fer or  by  represt'utiny  to  transferee  tliat  shiires   were 

uneiicunibei  ed 1,  p-    773,  §    4G5 

directors  of  bank  liave  no  power  to  waive  service  of  iielitiun 

praying  forfiiture  of  charter 2,  p.    893,  §    520 

where  subscriber  acts  as  member,    or   waives    condition,   no 
cic'ense   that    his    fcubscri[ition   Avas    upon  condition 

precedent  or  special  tornis 1,  p.    748,  §    451 

guardian  ad  btem  cannot  waive  infant  rights 2,  p.  152S,  §    840 

legislature    may    waive    forfeiture   of  cliarter   by    corpora- 
tion   1,  p.    849,  §    506 

notice  to  quit  may  be  waived  by  landlord  or  tenant ...  .6,  p.  4CS."),  §  2877 

what  will  amount  to  waiver  of  forfeiture  by  lessor 6,  p.  4()74,  §  2S()7 

parents  may  waive  right  to  services  of  minor  children. ..2,  p.  148.'.,  §    818 

extinguishment  of  plei'ge  by  waiver  of  security 4,  p.  3043,  §  1777 

Bervaut  may  waive  wrongful  discharge  by  acquiescence.!,  p.    489,  §    278 
master  may  waive  breach  of  contract  or  cause  of  discharge 

byservaut 1,  p.    490,  §    279 

waiver  of  defects  in  affidavit  or  process 7,  p.  5512,  §  3537 

War. 

effect  of,  in  dissolving  agency 1,  p.      63,  §      64 

attorney's  authority  revoked  by 1,  p.    278,  §    168 

war  between  country  of  insurer  and  the  insured,  excuse  for 

non-payment  of  premiums 5,  p.  3533,  §  2072 

Warehouseman. 

lieu  of,  see  LiENS,  2. 

goods  may  be  pledged  by  delivery  of  warehouse  recuipt  with- 
out indorsement 4,  p.  2995,  §  1754 

delivery  of  key  of  warehouse  transfers  the  goods  there.. 4,  p.  2995,  §  1754 

liability  of  warehouseman  in  general 4,  p.  2963,  §  1732 

ordinary  care  required  of  warehouseman 4,  p.  295G,  §  1729 

Warranties. 

See  CoNTUACTS,  1;  Dekds,  3;  Insurance,  f,  2;  Landlord 

ANU  Tenant,  4. 
on  sale  or  transfer  of  negotiable  paper,   see  Negotiable 
Instruments,  7. 
. .  In  Sales  ok  Goods. 
2.  Mlscellaneous. 
1.  Ill  Sales  of  Goods. 

w  rranty  defined 5,  p.  3950,  §  2370 

affirmations  of    quantity,    quality  or    condition  are  war- 
ranties  6,  p.  3950,  §2370 

that  article  actually  exists,  not  a  warranty 6,  p.  3951,  §  2370 

matter  of  identity  of  goods  not  strictly  warranty 5,  p.  3952,  §  2370 


291,  §  173 
Guj,  §  387 


773,  §  4G5 
803,  §  520 


74S,  §  451 
152S,  §  S40 

849,  §  506 
tCS.-),  §  2877 
KJ74.  §  2S()7 
US.-,  §  818 
3013,  §  1777 

489,  §  278 

490,  §  279 
Ml2,  §  3537 

68,  §  64 
278,  §  168 

533,  §  2072 


995,  §  1754 
995,  §  1754 
983,  §  1732 
95G,  §  1729 


)50,  §  2370 

)50,  §  2370 
951,  §  2370 
)52,  §  2370 


WAKRANTIES. 

Warranties— (Continued.) 

express  warranty  covers  even  patent  defects,  and  such  aa  are 

open  to  obervatiou  of  ])urcliaser 5,  p.  305?, 

express  warranty  excludes  an  implied  one 5,  ],.  IV.): 2, 

warranty  must  be  made  at  time  of  sale 5,  p.  ;i!).V2, 

warranty  of  souihIik'Ss  of  animals,  wli.n  and  liow  Idol  en.  5,  p.  3L)53, 

expression  of  opinion  of  character  or  (pnlity  of  goods  .sold 

not  a  warranty 5,  p.  j^OjI, 

upo  1  sale  of  specilie  article,  no  warranty  of  quality  of  article 

sold;  maxim  atveat  emptor  ajiplies 5,  p.  :30.'5,"), 

doctrine  of  implied  warranties  applies  only  to  such  secret  de- 
fects as  piirch:iser  cannot  detect  for  himself 5,  p.  S95G, 

doctrine  applies  as  well  to  property  cxciian^ctl  as  to  prop- 
erty soM 6,  p.  3950^ 

rule  of    caveat    emptor  does    not   cover   fraudulent   conceal- 
ment or  misrepresentation  by  vendor 5,  p.  3950, 

no  warranty  of  (|uality  on  sale  of  lands 5,  p.  3957, 

on  article  sold  for  particular  purpose,  there   ia   an   implied 

warranty  that  article  is  lit  for  su  h  puri)ose 5,  p.  3957, 

manufacturer  not  bound  to  furnish  the  best  article  of  the 

kind,  but  one  reasonably  fib 5,  p.  3957^ 

■when  party  su[iplying  article  is  a  dealer,   not  a  manufac- 

facturer,  no  warranty  of  quality  or  fitness  arises.. 5,  p.  3359, 

no  implied  warranty  ac;ainst  nejessary  and  likely  deprecia- 
tion which  may  take  place  in  quality  of  goods  be- 
tween time  of  sale  and  delivery 5,  p.  39G0, 

implied  warranty  that  goods  are  properly  packed 5,  p.  39G0, 

in  executory  contracts  of   sale,  rule  is  caveat  venditor,  not 

caveat  emptor 5,  p.  39GI, 

•where  known,  described  and  defined  article  is  ordered,  and 
purchaser  gets  what  he  ordered,  no  Marrant  that 
article  will  answer  i)articular  purpose 5,  p.  3902, 

manufacturer  of  article  according  to  specificatioi  s  furnished 
by  employer  does  not  impliedly  warrant  that  it  will 
answer  purpose 5,  p^  29G2, 

law  implies  that  books  are  to  be  printed  in  skillful  and  work- 
manlike manner,  where  agreement  is  ni.ade  to  ])rint 
and  deliver  specified  number  of  copies 5,  p.  2903 

upon  sale  of  goods  by  kind  or  description,  implied  condtion 
that  seller  shall  supply  sueli  goods  as  are  commer- 
cially known  under  description,  and  of  merchantable 
quality,  and  in  merchantable  state 5,  p.  39G4, 

on  sale  of  articles  intended  for  food,   implied  warranty  tliat 

they  are  wholesome 5    p.  3930 

rule  does  not  apply  where  articles  are  sold,  not  for   im- 

mediate  domestic  use,  but  to  be  traded  in 5,  p.  3956, 

aliter  where  quality  cannot  be  judged  by  sample 5,  p.  39i>7, 


G857 

§2370 
§  2370 
§  '2370 
§  •2371 

§  2372 

§  2373 

§  -2373 

§2373 

§  2373 
§2373 

§2374 

§2374 

§2374 

§2374 
§2374 

§2375 
§2375 
§2375 
§2375 

§2370 

S  2377 

§2377 
§237S 


6S58 


•WABRANTIES. 


Warranties— (Continued.) 

if  goods  are  sold  hy  sample  shown  to  buyer,  goods  delivered 

muijt  correspond  in  quality  to  sample 5,  p.  39G7,  §  2378 

on  sale  by  sample,   no  iuiiilied  warianty  of   merchant; 'jil- 

ity 5,  p.  3007,  g  2378 

mere  production  of  sample  docs  not  make  the  sale  one  by 

samile 5,  p.  32G8,  §  2378 

examination  of  sample  where  there  is  an  express  warranty, 

not  waiver  of  the  warranty 5,  p.  39G3,  §  2378 

on  sale  of  chattels  there  is  an  implied  warranty  of  title  to 

it 5,  p.  39G9,  §2379 

vendee  of  one  having  no  title  not  protected  from  claims 

of  true  owner 5,  p.  39{)8,  §  2379 

purchaser  of  property  from  thief  gets  no  title 5,  p.  39(19,  ^  2379 

markets  orert  do  not  exist  in  the  United  States 5,  p.  39(j9,  §  -'379 

■warranty  of  title  does  not  refer  to  future  events 5,  p.  3970,  §  2379 

no  implied  warranty  of  title  where  seller  has  not  chattel  in     • 

his  possession 5,  p.  3970,  §  2379 

nor  where  sale  is  by  agent,  either  public  or  private.  ..5,  p.  3970,  §  '2379 

implied  warranty  of  title  is  broken,  when 5,  p.  3971,  §  2379 

buyer  has  right  to  reasonable  time  in  which  to  inspect  goods 

sold 5.  p.  3971,  §  2380 

buyer  need  not  return  goods;  may  notify  seller  that  they 

are  held  at  Lis  risk 5,  p.  3971,  §2380 

2,  Miscellaneous. 

on  sale  of  negotiable  paper,  seller  warrants  that  it  is  his  to 

sell  and  that  it  is  genuine 5,  p.  3970,  §  2379 

on  sale  of  a  land  warrant,  an  implied  warranty  that  it  is 

valid 6,  p.  3970,  §  2379 

on  sale  of  accounts,  an  implied  warranty  that  they  are  genu- 
ine and  owing 5,  p.  3970,  §  2379 

vendor  of  share  of  stock  impliedly  warrants  that  same  is 
issued  by  officers  of  company,  and  sealed  with  genu- 
ine seal 6,  p.  3970,  §  2379 

bnt  not  that  share  has  not  been  fraudulently  issued  iu 

excess  of  charter  limit 5,  p.  3970,  §  2379 

seller  warrants  his  title  where  sale  is  of  an  exclusive  right  to 

manufacture  and  sell  ijarticular  article 5,  p.  3970,  §  2379 

pledgeor  warrants  tliat  he  is  the  owner  of  thing  pledged 

and  that  there  are  no  deftcts  in  it 4,  p.  3038,  §  1776 

no  warranty  of  title  on  sale  under  power  of  sale  iu  mortgage 

of  chattels 6,  p.  5017,  §  3085 

on  sale  of  stock,  vendor  does  not  warrant  that  corporation  is 

corporation  ilc  jure 1,  p.    771,  §   464 

implied  power  of  agentto  give  warranty 1,  pp.  115,  116,  §      74 

by  auent  that  principal's  note  is  genuine  binds  aeent  person- 


ully. 


P- 


1 

'.  39C7,  §  2378 
'■  39G7,  §  2378 

r 

i.  3DG8,  §  2378 

► 

'.  39G3,  §  2378 

.  39G9,  §  2379 

I 

.  39GS,  §  2379 

.  39(;9,  §  2379 

.  39(J9,  §  •J379 

.  3970,  §  2379 

3970,  §  2379 

3970,  §  2379 
.  3971,  §  2379 

3971,  §  2380 
3971,  §  2380 

3970,  §  2379 
3970,  §  2379 
3970,  §  2379 

3970,  §  2379 

3970,  §  2379 

3970,  §  2379 

3038,  §  1776 

5017,  §  3085 

771,  §  464 
116,  §  74 

176,  §  103 


WARRANTIES — WATERS  AND  WATER-COURSES.  G8o9 

Warranties  -(Continued.) 

ayent  acting  without  authority  liable  upon  implied -warranty 

of  authority i,  p.    jsQ,  §    HO 

auctioneer  no  power  to  give 1.  p.    308   §    217 

broker  lias  implied  power  to  warrant 1,  p.    S93,  §    223 

1  ower  (  f  factor  to  give. 1,  p.    421    §    228 

lia)  ility  of  p;  rcuLiihip  for  false  warranty  by  i'artuer.  ...2,  \i.  Vl-ZH,  %    CJO 
Warrants. 

See  BoXDS. 
Waste. 

waste  defined;  effect  of,  in  {rennral 6,  p.  4G0O,  §  2S.')5 

waste  in  pulling  down  buildings  and  niaki!!g  repairs. .  .6.  p.  4GG1,  §  2S.>6 

in  cutting  down  trees 6,  p.  4(;G-_',  §  2857 

in  cultivation  of  land 6.  j).  4';G3,  §  2Sr)3 

in  taking  clay  and  minerals  and  opening  niinrs 6,  p.  4GG4,  §  2859 

tenant  not  liable  for  wast<»  arising  from  act  of  (Jod,  or  of  the 

law,  or  public  enemy 6,  p.  4GG."),  §  2SG0 

writ  of  waste  lay,  in  what  cases 6,  p.  4G()5,  §  2SG1 

statutory  actions  for  waste;  who  may  ^ue  at  law 6,  p.  4GG.J,  §  2S()1 

remedy  in  equity  for  waste 6,  p.  4GGG,  §  2802 

where  waste  is  trivial,  equity  will  not  interfere 6,  p.  4GGG,  §  28G2 

mere  apprehension  that  waste  will  be  committed  not  sufii- 

cient  ground  for  injunction 6,  p.  4GG6,  §  2862 

aid  of  equity  restricted  to  cases  in  which  title  is  clear  and 

undisputed 6,  p.  4GGG,  §  2362 

never  granted  against  defendant  in  possession  claiming  ad- 
versely to  plaintiff. 6,  jj.  4CGG,  §  28C2 

Waters  and  Water  courses. 
See  also  Fish,  Fkrries. 

1.  \Vater-cour.se3  in  Gexeral;  Nok -navigable  Waters, 

2.  Accretion;  Alluvion;  Reuctiox. 

3.  Remedies. 

4.  Navigable  Waters. 

5.  Surface  Water. 

6.  Pollution  of  Waters. 
1.   Waler-coursec  in  GeneraL 

what  is  a  water-course 6,  p.  4740,  §  2906 

what  are  artificial  water-courses 6,  p.  47.j1,  §  2907 

rights  and  liabilities  as  to  artificial  water-courses 6,  p.  4751,  §  2907 

boundaries  of    fresh-water  lakes  and    ponds  is  low-water 

mark 6,  p.  4752,  §  2903 

owner  of  bank  of  fresh-water  stream  owns  to  middle  or 

thread  of  the  stream 6,  p.  475-i,  §  2909 

where  tide  ebbs  and   Hows,  high-water  mark  is  boundary 

of  adjoining  proprietor's  ownership 6,  p.  4754,  §  2910 

deed  of  land  over  and  along  which  water  runs  conveys  prop- 
erty in  water 6,  p.  4753,  §2911 


"^r 


68G0 


WATERS  AND  WATER-COURSES. 


Waters  and  Water-courses— (Continneil.) 

deed  of  water,  or  tlie  usufructuary  iiitrrcst  therein,  does  not 

pass  title  to  soil  (iver  wliich  water  (lows 6,  p.  4753,  §2911 

ono  person    may  Le  owner  <.f  toil  over  whii.li  stream  flows, 

and  have  no  interest  in  water 6,  p.  4755,  §  2911 

water  has  value  as  distinct  inheritance;  right  to  pcrpe  ual 
use  need  not  be  dependent  on  lands  to  which  it  is  ap- 
purtenant  6,  p.  4755,  §  2011 

grant  of  land  on  non-naviyablo  stream  passes  soil  to  the 

middle 6,  p.  475.-,  §2012 

aUfcr  as  to  navigable  streams 6,  p.  475tJ,  §  2012 

right  of  rii)arian  proprie^i  r  to  use  of  Avater  flowin;.^  past  or 

through  his  land 6,  p.  47C0,  §  2914;  6,  p.  47()3,  §  2015 

has  no  property  in  water  itself 6,  p.  47(>4,  §  2010 

cannot  retard  How  to  lower  proprietors 6,  ]>.  476  f,  §  2010 

no  superior  riyhtat  common-law  by  prior  appropriation.  6,  j).  4761,  §  2)16 

what  is  a  reasonable  use,  in  diversion  of   water 6,  p.  4764,  §  2917 

in  detention  of  water 6,  p.  4765,  §  2918 

riparian  owner  must  not  make  dam  which  will  cause  water 

to  overflow  neighbor's  land 6,  p.  4766,  §  2919 

person  havin<^  no  right, cannot  enjoin  damming  of  stream. 6,  p.  4767,  §  2919 

right  to  dam  stream  for  mill  site 6.  P-  4767,  §  2020 

conveyance  of  "  mill  privilege,"  what  passes 6,  p.  4763,  §  2020 

use  of  water  by  mill- owners:  what  is  and  what  is  not  reas- 
onable and  proper  use 6,  p.  4769,  §  2921 

injury  to  liigher  proprietor,  by  setting  lack  water. 6,  p.  4771,  §  2022 

right  to  erect  barriers  to  protect  one's  land 6,  p.  4771,  §  2923 

of  railroad  to  dig  ditches  on  land  adjacent  to  track. .  .2,  p.    997,  §    557 
of  railroad  to  divert    watercourses  from    natural  chan- 
nel  2,  p.    997,§    657 

of  railroad  to  dig  wells  on  its  land 2,  p.    997,  §    557 

of  railroad  to  abstract  from  adjoining  stream  water  for 

its  engines 2,  p.    997,  §    557 

to  use  water  to  injury  of  adjoining  proprietors,  by  grant 

or  prescription 6,  p.  4772,  §  2924 

by  acfpiii  scence 6,  p.  4774,  §  2925 

railroad  cannot  construct  its  road  along  shore  of  tide- 
water below  high-water  mark  without  specilic  grant 
from  state 2,  p.    978,  §    515 

2.  Arrretimi;  Alluviov;  IMlclion. 

accretion  and  alluvion  defined 6,  p.  4756,  §  2913 

reliction  detined  and  distinguithed 6,  p.  4756,  §  2013 

title  to  land  Ijy  accretions 6,  p.  4757,  §  2913 

3.  lii'tneilles. 

See  also  Dam.\oe3. 

action  lies  for  w  rongly  throwing  water  back  upon  plaintifTs 

land,  or  diverting  water 6,  p.  4774,  §  2920 


lot 

,  p.  4To5,  §  2011 

,vs, 

,  p.  47oJ,  §2911 

ii:il 

ip- 
p.  47 J5,  §  2311 

he 

p.  4751,  §  2912 
p.  47jU,  §  2912 
or 

p.  47G3,  §  2915 
p.  47(i4,  S  2910 
p.  4761,  §  2910 
p.  47G4,  §  2;)IG 
p.  47G4,  §  2917 
p.  47G5,  §  2918 

er 

p.  47GG,  §  2919 
P.47G7,  §2919 
p.  47G7,  §  2920 
p.  47G3,  §  2920 

p.  47G9,  §  2921 
p.  4771,  §2922 
p.  4771,  §2923 
p.  997,  §  657 
a- 

P- 
P- 

)r 

P- 
it 

p.  4772,  §  2924 
p.  4774,  §  2925 

>t 

p.  978,  §  515 

p.  475G,  §  2913 
[).  47o(>,  §  2913 
p.  47d7,  §  2913 


}.  4774,  §  2920 


997,  §  557 
997,  §  557 

997.  §  557 


WATEKL  AND  WATEK-COUIISES.  CbUl 

Waters  and  Water-course3-(Conti.iuc(l.) 

for  unlawful  iutcrfe.cnce  .vith  ri^ht  of  riparian  ownrr  in- 

.   .        J""'^tMm  lies 6,  p.  4774   §  "9"0 

injunction    lies    to    prevent    throwing  ba.k  of  water    ou  '     "  " 

nn«      ''""VV";";. 6.  p.  4775,  §  292G 

one  may  abate,  and  hnnself  remove  dam  built  ou  his  huul, 

or  obstruction  in  stream q,  p.  4775,  §  292G 

nght  to  navigate  creek  justilies  removal  of  obstructions 

therefrom «         .,»_    en/,.,. 

„„.      .         ,^      , G,  p.  4/<i»,  §292G 

water  IS  realty;  but  suit  must  be  brought  fur  the  land  under 

A    A-r  „•    /!'■,■,■■,■ ®'  V-  43SS,§2G90 

4.  A  avifjahle  I)  aters. 

what  are  navigable  waters g^  p  4,-7  g  090; 

courts  will    take  judicial  notice  of  navigability  of  large 

fl„,,  ,f"'''" ; 6,  p.  4778,  §  2927 

floatable  streams,  when  "  navigable  " 6,  p.  477i),  §  2928 

right  of  public  to  use  stream  for  floating  logs ".  .6^  p",  477<)'  §  29-"8 

state  may  regulate  passage  of  logs  down  a  stream,  and  may 
authorize  boom  company  to  take  charge  of  them  and 

collect  compensation 6,  p.  4780,  §  2928 

Buch  corporation  not  liable  for  flowage  of  land  caused  by  ex- 

traordinary  freshet 6,  p.  4780,  §  2928 

nor  for  lumber  lost  by  inevitable  accident 6.  p.  47S0,  §  2928 

nor  for  an  obstruction  which  is  unreasonable 6,'  p.  47S0,'  §  2928 

liable  for  needless  or  willful  obstruction 6,  p.  4780*  §  "O'^S 

question  of  navigability  of  stream  one  of  fact 6,  p.  4780,'  §  2929 

what  streams  are  and  are  not  navigable e]  p.  47io'  §  2929 

ia  streams  affected  by  ebb  and  flow  of  tide,  title  to  bed'  of 
stream  is  in  the  state,  and  those  of  riparian  propri- 
etors end  at  high- water  mark 6,  p.  4781   §  2930 

in  other  streams,  owner  of  lank  is  owner  of  bed  to  cen- 

,       *!■"■,■.■;■■■•■■ 6,  p.  4781,  §2930 

rule  as  to  high  and  low  water  mark  respectively 6,  p.  4782  §  2931 

riparian  owner  has  use  of  stream  to  what  extent 6,  p.  4783*  §  2732 

state  has   exclusive   jurisdiction  and   control  over  inland 

streams  that  are  not  avenues  to  other  states. . .  .6,  p.  4784  §  0933 
may  authorize  erection   of  wharves,   piers,   docks,  or  dams 

thereon,  or  bridges  over  them e.  p.  4784   §  0933 

but  state  cannot   intei  fere  with  tidal  streams  or  avenues  of 

interstate  commerce 6,  p.  4785,  §  2934 

Where  congress  has  not  acted,  state  has  authority  over 

navigable    Avaters   within  its   boundaries,  and  over 

lands  under  them 6,  p.  4785,  §  2934 

erections  made  by  state  on  navigable  waters  may  be  declared 

nuisances  by  federal  court q^  ,,,  4736  §  9934 

state  may  convey  its  right  to  shore  of  navigable  river.  .6,  p.  47Sg'  §  0933 
any  obstruction  of  a  navigable  rivcr  is  a  nuisance 6.  p.  4737'  S  2')'i({ 


6862 


WATERS  AND  WATER-COURSES. 


right  of  riparian  owners  to  erect  wharvoa 6,  p.  4789,  §  2937 

action  lies  for  obstructing  navi^jablu  waters 6,  p.  4795,  §  2941 

where  such  nuisance  works  private  injury,  paity  injuied 
may  recover  damages  or  restrain  continuance  by  in- 
junction  6,  p.  4735,  §2941 

5.  Surfitce  WaUr. 

no  servitude  imposed  Jftrc  naturce,  respecting  surface  water; 
owner  of  higlier  estate  may  withhold  it  fioni  lower,  or 
owner   of  lower  estate  may  prevent  it  from   coming 

upon  his  own 6,  p.  4797,  §  2942 

one  may  lawfully  drain  his  laudd  int,o  natural  water-course, 
even  though  lower  i)i-oprietor  is  injured  by  increased 

&0W 6,  p.  4797,  §2942 

owner  of  a  city  lot  may  turn  rain  from  it  to  adjacent  street, 
although     it    may     injure    neighboring    lot    below 

grade 6,  p.  4797,  §  2942 

railroad  not  liable  to  a  landowner  for  injury  by  overflow  of 
b'  liter   occasioned  by  road-bed  skillfully  con- 

-..       6,  p.  4707,  §  2942 

owner   ,ii..ii/i,  iu.,charge  it  in  body  on  lower  land 6,  p.  47'j3,  §  2942 

actional^Ie  to  ertct  buildin;_,    io  near  adjoining  land  that 

valer  from  i  )of  is  discharged  thereupon 6,  p.  4798,  §  2942 

party  maycu  . '  oii  .  ,,uvoe  watur  and  deprive  lower  pro- 
prietor of  it  entirely 6,  p.  4799,  §  2943 

person  may  carry  otf  water  on  his  laud  by  drains 6,  p.  4799,  ^  2943 

one  not  obliged  to  drain  his  lands,  though  by  not  so  doing 

they  may  be  productive  of  sickne-s 6,  p.  4S90,  §  2943 

by  civil  law  lower  estate  is  charged  with  servitude  for  benefit 
of  upper  estate  to  permit  surface  water  to  flow  off  over 
it,  and  owner  of  lower  estate  has  no  right  to  dam  it 
up  and  throw  it  back  upon  higher  (>ne;  so  he  who  has 
upper  ground  cannot  change  course  of  water, . .  .6,  p,  4S00,  §  2944 

civil-law  rule  adopted  in  some  states 6,  p.  48  JO,  §  2944 

no  action  for  drawing  subterranean  water  of  neighbor.... 6,  p.  4S02,  §  2945 
party  digging  well  on  his  land  not  liable  for  injury  to 

neighbor's  well 6,  p.  4S02,  §  2945 

rights  in  underground  percolating  streams 6,  p.  4803,  §  2945 

person  accumulating  water  on  his  land  liable  for  injuries 

caused  by  its  escape,  if  he  is  negligent 6,  p.  4804,  §  2946 

liability  for  water  on  roofs  which  does  damage 6,  p.  4808,  §  2947 

if  owner  so  constructs  his  roof  and  gutters  as  to  cast  water 

upon  another's  land,  he  is  lialjle 6,  p.  4803,  §  2947 

person  not  liable  for  injury  from  bursting  of  water-pipes 

unless  negligent 6,  p.  4809,  §  2913 

Ono  who  accuumlates  water  artiticially  on  his  own  land  liable 
for  inj  I'.ries  resulting  to  adjoining  laud  from  percola- 
tions  G,  p.  4809,  §2949 


.  4789,  §  2937 
>.  4795,  §  2941 
I 

'.  4703,  §  2941 


f 

T 

'.  4797,  §  2042 

L 
4797,  §  2942 


4797,  §  2942 


4797,  §  2942 
4708,  §  2942 

4798,  §  2942 

4799, §  2943 

4799,  §  2943 

4SD0,  §  2943 


4800,  §  2944 
48J0, §  2944 
4S0.\  §  2945 

4S02,  §  2945 

4803,  §  2945 

4804,  §  2946 
4808,  §  2947 

4808,  §  2947 
4309,  §  2943 

4809,  §  2949 


WATERS  AND  WATER-COURSES — WAYS, 


6863 


Waters  and  Watercourrea— (Continued.) 
6.  Pollution  of  Water. 

riparian  owner  entitled  to  have    water  come  to  Iiim  in 

natural  imiity  as  well  as  natural  quantity 6,  p.  4311,  §  2930 

if  adjoining  proprietor  corrupts  water,  action  upon  case  lioa 

f"ri"j"'y 6,  p.  4SI1,  §2930 

landlord  liable  for  acta  of  his  tenant  in  polluting  natural 

watercourse 6,  p.  4811,  §  2950 

that  stream  is  navigable  does  not  prevent  recovery 6,  p.  4811,  §  2950 

legislature  cannot  authorize  use  of  the  water  so  as  make  it 

unlit  for  riparian  owners 6,  p.  4811,  §  29."0 

what  pollution  of  water  is  actionable 6,  p.  4812,  §  2951 

what  pollution  of  water  is  not  actionable 6,  p.  4S14,  §  2052 

reasonable  use  of  water  allowed 6,  2>.  4814,  §  2952 

when    injunction    will      lie     to     prevent     pollution      of 

water 6,  p.  .  4S15,  §  2953 

right  to  pollute  water  may  bo  acquired  by  grant,  license 

or  pre-emption 6,  p.  4S1G,  §  2954 

defenses  to  action  for  polluting  water 6,  p.  431G,  §  2955 

f  Itli  collected  in  drain,  cesspool  or  privy,  escaping   on  to 

neighbor's  land,  gives  right  of  action 6,  p.  4817,  §  2936 

liable  for  polluting  water  of  neighbor's  well  by  negligently 

leaving  noxious  substances  on  land 6,  p.  4818,  §  2956 

ia  not  liable  where  noxious  substances  are  carried  by  stream 

or  currents,  even  when  subterraneous 6,  p.  4818,  §  2956 

occupier  of  premises  whose  sewage  escapes  into  neighbor's 
premises  through  sewer  being  out  of  repair,  liable  for 

damage 6,  p.  4818,  §  2956 

throwing   of   bad-smelling  slops  and  filth  by  defendant  on 

plain'tilFs  premises  gives  cause  of  action 6,  p.  4818,  §  2956 

Water  Pipes. 

See  Waters  and  Water-coukses,  5. 
Ways. 

See  also  Highways. 

what  are  ways;  different  kinds  of. 6,  p.  4551,  §  2792 

way  by  grant  is  by  deed 6,  p.  4552,  §  2793 

if  deed  be   destroyed,   grant  of  way   may  be   shown   by 

parol 6,  p.  4552,  §  2793 

right  of  way  must  be  used  according  to  terms  of  grant,  and 

is  subject  to  its  restrictions 6,  p.  4552  §  2793 

right  to  inclose  way  with  gates  or  bars 

6,  p.  4553,  §  2793;  6,  p.  4558,  §  2795 
owner  of  the  land  may  do  any  act  that  does  not  impair  the 

right  of  passage  over  way  granted 

6,  p.  4553,  §  2793;  6,  p.  4358,  §  2795 
or    impair    free    use    by    person    to     whom     right    ia 

granted 6,  p.  4353,  §.2793;  6,  p.  4558,  §  2795 


^r 


68G4 


WAYS — WIIAUVES. 


Ways— (Continued.) 

private  ri^lit  of  way  may  he  acqiiireil  Ly  proscription,  even 

across  railroad  tnnii 6,  ]>.  4')').'!,  §  'JT'.).'?;  6,  p.  4358,  §  2793 

use  must  have  heon  uiuler  circunistaiiccs  indicating  tliut  it 
is  claimed  as  a  ri^^ht,  and  not  merely  as  jirivilege. . . . 

6,  p.  4.w3,  §  27'.);^;  6,  p.  4553,  §  2793 

unexplained  use  for  twenty  years   presume^l  to  have  been 

under  a  claim  of  rig: it  and  adverse 6,  p.  4r53,  §  2793 

to  entitle  person  to  right  of  way  hy  prescription,  ho  nmst 
show  uninterrupted  adverse  user  for  rei^uisite  length 
of  time 6,  p.  4553,  §  2793 

user  must  he  of  a  way  certain;  no  right  of  way  gained  hy 

passing  over  land  any  place  and  all  directions. .  ..6,  p.  4554,  §  2793 

public  may  acquire  prescriiitive  right  to  use  way  as  well  as 

Singh:  individual 6,  p.  4554,  §  2793 

ways  by  necessity  arise  where  grant  is  of  pared!  of  land  sur- 
rounded by  others .- 6,  p.  455i,  §  2794 

necessity  must  have  existed  when  land  was  conveyed.  .6,  p.  45.")4,  §  279* 

requisites  of  way  of  necessity;  rights  of  parties 6,  p.  4555,  §  2794 

right  of  way  passes  to  grantee  of  land 6,  p.  4557,  §  2793 

owner  of  land  may  bring  trespass  against  persons  using  it 

without  right 6,  p.  4557,  §  2793 

or    ejectment    against  those    making  erections  upon  or 

over  it 6,  p.  4553,  §2793 

right  of  way  appurtenant  to  land  is  appurtenant  to  whole 

and  every  part  of  it 6,  p.  4553,  §  2793 

land  divided  and  conveyed  in  separate  parcels,  right  of  way 

passes  to  each  grantee 6,  p.  4553,  §  2793 

Any  act  of  landowner  obstructing  or  hindering  right  of  way 

is  a  nuisance  and  actionable 6,  p.  435S,  §  2795 

party  who  has  right  of  way  is  bound  to  keep  it  in  repair; 

land-owner  is  not 6,  p.  4559,  §  2795 

if  land  owner  obstructs  way,  owner  of  right  may  remove 
obstruction,  or  may  pass  over  adjoining  land  of  same 
owner <. 6,  p.  4559,  §  2795 

where  right  of  way  is  in  several  persons,  each  has  only  a 

reasonable  use 6,  p.  4559,  §  2795 

measure  of  damages  for  obstructing  a  way  is  plaintiff's  in- 
jury by  loss  of  use  of  entire  way;  mere  value  of  way 
up  to  some  further  obstruction  not  pro^jer  rule . .  6,  p.  4559,  §  2793 
Wells. 

See  Waters  and  Water-courses,  5. 
Wharves. 

See  CoNSTiTCTroyAL  Law,  8;  Waters  akd  WATER-ccrRSES,  4. 

liability  of  wharfingers  in  general 4,  p.  2933,  §  1732 

public  wharves  and  piers  must  be  kept  safe  for  these  using 

them 3,  p.  2003,  §  1153 


WHAKYES — WILLS. 


G865 


m 

p.  435S,  §  2703 

it 

p.  45o3,  §  2793 

n 

p.  4:53,  §  2793 

it 

h 

p.  4533,  §  2793 

y 

p.  4554,  §  2793 

IS 

p.  4554,  §  2793 

> 

p.  4554,  §  2794 

[).  45:)4,  §  279* 

[).  4555,  §  2794 

p.  4557,  §  2795 

it 

p.  4557,  §  2703 

r 

X  4538,  §  2795 

e 

X  4553,  §  2795 

y 

3.  4538,  §  2795 

Y 

X  4358,  §  2795 

» 

).  4339,  §  2795 

Q 

a 

).  4359,  §  2705 

1 

).  4559,  §  2795 


>.  4559.  §  2795 


2933,  §  1732 
2008,  §  1133 


widow's  aliowuuue,  right  to 
WUls. 


Wharves— (Continued. ) 

ordinary  care  ru-iuired  of  wharfinger 4   „   oq-q   .  ,70a 

nj-ht3  of  municipality  over  wha,  ve. 7   ,;  cXr   I  •00- 

Widow  8  Allowance.  '  ^ '  ^-^''  ^  "^^^^ 

•  •  •  -2,  p.  1407,  §  770;  3,  p.  1703,  §    998 

as  to  trusts  in,  see  Titcsr.s  avd  Tiiu.sTEiis,  1, 
condition  in,  see  Rkal  I'iiorfiuiv,  4. 

Sec  fi.VECUTUUY    DEVISEi. 

1.  The    l.S.STltU.MENT. 

2.  The  Testator. 

3.  EXECXTION  AND  AtTESTATIOX  OF  ImSTRUMEXT. 

4.  Pkobate  of,  and  Contk,stunu  Wills. 

5.  CONSTKUCTION  OF    WlLLS. 

C.  Tjie  Estate;   Legacies  a.\d  Devises. 

7.    HeVOCATIo.V,   KLi-UBLICATIOX   AND  KeVIVAL. 

1.   77/e  Intilrument. 

will  dcHned;  must  not  vest  present  interest 6    n  5110  S  lUO 

instrument  in  any  form,  if  intent  be  to  make  testamentary  ' 

illustration  of  pape;s' ^iid  wrUing  hekVto  be'wllh: .'  \  ^Q,  I  5IJ0  f  3U0 
paper  imperfectly  executed  ou  account  of  act  of  God  mav  ' 

be  a  will flrni 

court  looks  at  intent  rather  thau  at'language  or  form"..'.  ^'.  *"         ^  ^^^^ 

6,  I).  5111,  §  3140;  6,  p.  5116.  8  3144 
paper  may  be  made  a  will  by  adoption,  though  not  such 

at  time  it  was  written q        ^iioroi^a 

in  what  cases  paper  iu  form  a  deed  may  be  a  w'iilV.V.V.e'  p"  51 13'  8  314? 

paper  may  be  partly  a  deed  and  partly  a  will «  p  5iu'  s  ^141 

extraneous  paper.,  when  referred  to  in  will,  may  be  part 
thereof *         ^ 

writings  held  not  wills;  illusVraiio;;;  ■oiy/.'/Z/.y/.'/.-.e;  p!  5113,' f  "JS 
statutory  provisions  in  most  of  the  states  require  wills  in 

writing «        », 

**    ^    6,  p.  5116,  §3144 

exceptions  as  to  nuncupative  and  olographic  wills. .  ..6,  p.  5116  ?  3144 

will  written  in  lead  pencil  instead  of  ink,  valid 6,  p  5m  I  3144 

will  engraved  or  lithographed  in  whole  or  part,  valid.6,  p."  511?'  S  3144 
mutake  in  date  or  no  date  will  not  invalidate  will . .  .6.  p  5117*  S  3144 

contingent  will,   what  is;  when  valid q        g^j,'  ^  „.   * 

that  will  is  invalid  as  to  part  of  property  does  uoV  make  it  ' 

void  as  to  residue  q        ^..^  s  Qi^ft 

olographic  will,    what  is;  requisites  of! ....'.'..'. q   j'"  gj  jc,'  !  3. .! 

nuncupative  .»ill,  what  is;  requisites  and  effect  of.  '.\'..Q   p  SIoq'  §3143 
who  may  make  nuncupative  wills,  and  what  property  m'ay 

1)6    will6(l  a 

contract  to  execute  will  in  favor  of  particular  "pei^on  valid         ^^^'^^^ 
and  enforceable 6,  p.  5124,  §  3151 


6866 


WILLS. 


Wills— (Continued.) 

parties  may    agree    to    make    mutual    wills,    agreement 

valid 6,  p.  512't,  §3151 

aerviccs  rendered  in  cxiiectition  or  promise  of  reward,  if  will 
not  made,  agrcumuut  may  be  enforced  as  a  con- 
tract  1.  p.  441,  §  247;  6.  p.  5124,  §3151 

agreement  to  leave  property  by  will  may  be  enforced.  ..5,  p.  425S,  §  2592 
sealed  agreumcnt  not  to  make  will  to  prejudice  of  riglits  of 

covenantor's  heirs  valid 6,  p.  33C5,  §  2302 

action  will  not   lie  for  inducing  person   to  revoke  will  in 

favor  of  plaintiff 3,  p.  1717,  §  1012 

one  who  fraudulently  procures  a  device  to  himself  under 
parol  promise  to  hold  in  trust  for  another,  a  trus- 
tee  4,  p.  342(5,  §  2013 

joint  or  mutual  wills;  validity  and  effect  of 6,  p.  5125,  §  3152 

codicil  defined;  effect  of 6,  p.  512(),  §  3153 

reciuisites  as  to  attestation  of  codiiil 6,  p.  5127,  §  3153 

inclosing  and  depositing  will  for  preservation,  and  delivery 

of  will  so  deposited 6,  p.  5127,  §  3154 

at  what  time  will  takes  effect 6,  p.  5127,  §  3155 

allowance  f  r  commissions  not  allowed  to  person  mana^'ing 

property  in  expectation  of  legacy 1,  p.     147,  §      95 

2.  The  Testator. 

at  whit  age  may  person  make  will 6,  p.  6120,  §  3156 

who  may  make  will,  infants G,  p.  5120,  §  315(3;  2,  p.  1497,  §    825 

person  under  guardianship 6,  p.  5 1 30,  §  31 56 

married  women 6.  p,  5120,  §  3156 

married  woman  cannot  make  will  at  common  law 2,  p.  1307,  §    7G0 

might  with  consent  of  husband  devise  personalty 3,  p.  1307,  §    760 

husband  might  after  death  elect  to  disalfiim  will 2,  p.  1307,  §    7G0 

wills  of  personalty  made  by  wife  valid  where  i)r()perty  had 

been  settled  on  wife  for  her  separate  use 2,  p.  1 307,  §    760 

woman's  will  valid  where  husband  dead  in  law 2,  p.  1307,  §    760 

where  he  has  been  banished  or  transported  for  life 2,  p.  l.">07,  §    700 

where  he  is  alien  enemy 2,  p.  1 307,  §    760 

by  statute  wife  may  make  valid  will 2,  p.  1397,  §    761 

what  persons  other  than  testator  may  draw  will 6.  p.  iJlol,  §  3157 

cannot  be  executed  by  agent 1,  p.      25,  §     25 

definition  and  test  of  testamentary  capa  ity 6,  p.  5131,  §  3153 

what  is  a  "  sound  and  disposing  mind  and  memory  ".  ..G,  p.  5131,  §  3158 
■what  is  and  is  not  evidence  of  want  of  testamentary  ca- 
pacity  6,  p.  5132,  §3153 

fraud  and  undue  influence  in  procuring  will;  what  is  effect 

of 6,  p.  5134,  §  3159 

belief  in  spiritualism  does  not  incapacitate  one  to  make 

will 6,  p.  5133,  §3160 

idiots  are  incapacitated  from  making  will 6,  p.  5144,  §3166 


6121,  §  3151 


.  5124,  §3151 

.  4258,  §  25U2 

I 

.  33G3,  §  2302 


1717,  §  1012 


3t2f;,  §2013 
5125,  §3152 
512(),  §3153 
5127,  §3153 

5127,  §  3154 
5127,  §  3155 

147,  §     95 


6120 

§3156 

1497 

§  825 

5130 

§3156 

5120 

§3156 

1307 

§  7G0 

1307, 

§  7G0 

1307, 

§  7G0 

1307, 

§  7G0 

1397, 

§  7C0 

U91, 

§  7G0 

1307, 

§  7G0 

1.S97, 

§  7G1 

5131, 

§3157 

^0, 

§  25 

5131, 

§  3153 

5131, 

§3153 

5132, 

§3153 

5134, 

§3159 

5133, 

§31G0 

5144, 

§3166 

WILLS.  C867 

Wills— (Continued.) 

iiiaane  person  cannot  make  valid  will 0,  p.  5130,  §3101 

wliat  is  and  is  not  insanity G,  p.  5140,  §  3161 

efTcct  of  will  made  in  Incid  intervals 6,  p.  5141,  §  31G2 

partial  insanity  of  testator  avoids  will 6,  p.  5142,  §  31 G3 

will  made  during  delirium  is  void 6,  p.  5143,  §  3164 

will  maile   by  intoxicated  person,    where   and  when,   not 

valid 6,  p.  5143,  §  3105 

blindness  or  mere  physical  incipatity,  such  as  d'afness  and 
dumbness,  does  not  constitute  incapacity  which  viti- 
ates will 6,  p.  5141,  §  31G6 

3.  Exfrnlion  and  Atleslation  i/  Instnimrnt. 

will  to  be  valid  must  be  signed,  witnessed  and  pub- 
lished  6,  p.  5145,  §31G7 

signing  may  be  by  another  person  for  testator 6,  p.  5145,  §  3168 

signing  may  be  by  mark 6,  p.  5115.  §  31G8 

signature  must  be  at  end  of  will,  when 6,  p.  5140,  §  3163 

memorandum  under  signature  dors  not  invalidate  will.  .6,  p.  5I4G,  §  3108 

unsigned  addition  to  will  does  not  invalidate  will 6,  p.  5147,  §  3103 

where  will  is  on  several  sheets,  not  necessary  that  each  slieet 

should  be  signed 6,  p.  5147,  §3163 

unsigned  written  sneet  may  be  part  of  will,  which  is  prop- 

erly  signed  and  executed 6,  p.  5147,  §  31G3 

must  appear  that  testator's  8ii:naturo  was  intended  to  be  re- 
garded as  such,    and  that  instrument  is  complete; 

paper  itself  must  show  this 6,  p.  5147,  §  31G3 

scaling  of  will,  when  essential  to  its  validity 0,  p.  5143,  §  3100 

acknowledgment  of    signature    by  testator,    when  neces- 

sai-y 6,  p.  5140,  §  3170 

manner  and  form  of  acknowledgment 6,  p.  5140,  §  3170 

publication  of  will  required  in  some  states 6,  p.  5150,  §  3171 

what  is  and  is  not  a  "publication  " Q,  p.  5I0O,  §  3171 

reading  of   will  to  or  by   testator,  and  knowledge  by  him  of 

contents 6,  p.  5153,  §3172 

will  must  be  attested  and  subscribed  by  witness 6,  p.  5I5'5,  §  3173 

whether  attestation  clause  is  part  of  will 6,  p.  5154  §  3174 

witnesses  need  not  read  or  know  contents  of  will 6,  p.  5154,  §  31 75 

who  are  and  are  not  "  credible  "or  "  competent  "  witnesses 

to  wills 6,  p.  5153,  §  3176 

wife  not  competent  witness  to  her  husband's  will 2,  p.  1315,  O    717 

nor  to  will  containing  devise  to  husband 2,  p.  13IJ-.  '    717 

■ubscribing  witness  must  write  his  own  name 6,  p.  5150,  §  3177 

where  unable  to  write;  mark;  initials 6,  p.  5157,  §  3177 

may  not  adopt  signature  made  by  another 6,  p.  5157,  §  3177 

must  affix  place  of  residence  to  name 6,  p.  5156  n,  §  3177 

order  of  signing  not  material 6,  p.  5158,  §  3179 

request  of  testator  to  witness,  when  and  where  necessary .  6,  p.  6158,  §  3180 


C8G8 


WILLS. 


Wills— (Continued.) 

wlioro  witiiossos  should  sign;    in  some  stntos,  after  testator; 

in  (itliers,  place  uf  bi^naturu  is  iininatfri..!;  in  utiiera, 

at  end  of  will 6,  p.  5157,  §  fllTP. 

attestation  clnuso  need  not  show  tustitoi's  s.inity 6,  p.  5158,  §  .'USl 

wittu'Hsi's  must  jud),'o  iis  tit  testatoi's  Hiinity 0,  p.  5!5S,  §  ;11S1 

attestation  may  bu  made  at  later  day  than     i>;ning G,  p.  5ir)H,  g  .'1182 

8ij;ning  in  prcHeiioc  of  testatur,  what  ia;  illustrations,.  .0,  p.  51.V.),  §  .'US'' 

siyninj,'  in  prL'scuco  of  each  (ither,  when  rei^uired 6,  p.  51(il,  §  .'il; 

witnesso.-*  must  see  testator's  l^iynature 0,  p.  51(1-,  S  'Mix. 

4.   Proliiite  (if  and  Cuiitcxlhiif  Wills. 

prohate  of  wills;  jurisdiction  of  probate  courts 0,  p.  51fil,  §  .'USO 

when  jurisdiction  attaches C,  p.  ."tUil,  §  11187 

when  will  sliould  Ix;  presented  for  probate 6,  p.  5] 04,  §  .'1IS8 

where  will  should  be  probated 0,  p.  oliJl,  ^  318!) 

who  may  ajiily  for  pi-ibato 6,  [).  51l)5,  ^  3190 

what  m.ay  be  probated 6,  p.  5] (!,"),  §  3191 

ante-mortem  probate  v(>id 6,  p.  51(J(>,  §  .S192 

probiite  of  will  executed  in  another  state 0,  p,  51(!(»,  §  3193 

probate  of  foreign  wills G,  p-  51(i7,  S  3194 

what  prnof  requisite  to  establish  will G,  p.  5107,  §  3195 

burden  of  proof  of  execution  uf  will  is  on  proponent. .  .G,  p.  51G>,  §  319G 

what  witnesses  reiinired  to  prove  will G,  p.  5108,  §  3197 

Bubseribing  witn  sses  should  be  called. 6,  p.  5108,  §  3197 

proof  of  handwriting  of    absent  witnesses  to  will  must  be 

made 6,  p.  51G9,  §  31<] 

from  attestation  clause  due  execution  of  will  is  presumed.  G,  p.  5109,  S  3199 
extrinsic  evidence  is  admissible  to  show  execution  of  will. 6,  p.  5170,  §  3200 
subscribing  witness  must  identify  his  signature;    need   not 

remember  having  made  it 6,  p.  5170,  §  3201 

should  be  satisfied  that  testator  was  sane  and  knew  what 

he  was  doing G,  p.  5170,  §  3-'01 

will  may  be  admitted  to  probate  although  the  witnesses  do 

not  agree  in  tlieir  tcstimoiiy 6,  p.  5170,  §  3202 

sufficient  that  the  court  should  be  satistied  of  sanity  of 

testator  and  due  execution  of  will G,  p.  5170,  §  3202 

evidence  admissible   to  rebut  attestation  and  to  contradict 

affidavit  of  subs  ribing  witness 6,  p.  5171,  §  3203 

proponent's  declarations  inadmissible  to  defeat  probate  of 

will G,  p.  5172,  §  3204 

burden  of  proof  of  testamentary  capacity  of  testator  is  on 

pro[.onent G,  p.  5172,  G  3205 

evidence  relevant  as  to  testamentary  capacity G,  p.  5172,  §  3205 

opinions  of    persons  not  experts    as  to  testator's  mental 

capacity G,  p,  .^1 75,  §  3200 

evidence  of  insanity:  from  disinheriting  of  children  . .  .G,  p.  5170,  §  3207 
from  peculiar  dispositions  of  property G,  p.  5176,  §  3207 


'•r>!57,  §.117P, 
'•  51-)8,  §;iisi 
>.  .'")loS,  §;Jisi 
'■  r)!.-)!*,  §  ;j|S2 

'•  ■'■'1  ■■'!>.  ims'.i 

.  niGt,  §;hso 
.  ">i'>f,  s  ;{1S7 

.  iilljl,  §3 IS!) 

51CI(!,  §  .Sl!n> 
51(;0,  §3193 

r)i(;7,  S3iat 

5107,  §3105 
51GS,  §3196 
51G8,  §  3197 
51US,  §  3197 

5109,  §3lfi 
SKiy,  §  3199 
5170,  §  3200 

5170,  §  3201 

5170,  §  3201 

5170,  §  3202 

5170,  §  3202 

5171,  §  3203 

5172,  §  3204 

iI72,  :  3205 
il72,  §  3205 

175,  §  3200 
17(5,  §  3207 

176,  §  3207 


WILLS.  Ogoy 

Wills— (Continneil.) 

<ju,nifum  v(  ovi,lonce  required  in  questions  of  sanity  . .  .0,  ,,,  5177,  g  sogg 
lurdoii  of  [.n.of  of  un.luo  influciico  cxtrcista  ovir  ithtat-.r  ia 

on  pTty  HlU.^M,^,  it 6,,..  5177.  §3209 

evidence  n  Irvaiit  to  provo  undue  inlliunce 6,  j..  51 77   g  a^og 

eamty  of  and  mi  luo  iidiucnco  over  testator  a  quo>tion  for 

,     ,     J"'y  •••; 6,  p.  5180.  §3210 

ducIaratoMs   .,t  testator  as  to  « ill,  mIru  and  nheu  not  ad- 

,,"7''^'° 6,p.  51S0.§;)OH 

ot  legatees  as  to  will,  when  and  MJitn  not  adniissilde.e.  i>.  5162  §  •j'>l'^ 
parol  cvi.hnco  to  show  unlini.shcd   paper  a  will,  adn,i«>i. 

..     '''": ;  •  •; e.  p.  5132,  §  3213 

when   will   revoked,    repuhlieation    cannot    be    shown    by 

.,     P^*""', 6.  p.  51  S3,  §3214 

evidence  relevant  to  show  testator',  knowledge  of  contnita 

"f  ^^'" G.p   5IS3   §.3015 

proof  of  lost  or  destroyed  will,  how  made 6    p   nisV  § 'JoiG 

juiisdiction  of  e^iuity  t..  est  ibli.sh  l.,st  wills 6,  p.  51  -4'  §  ."j"]; 

Will  before  probate  not  adinissilde  as  evi  lence  of  title,  .g'  p    5IS5'  §  'iO|s 

ancient  wills  admissible  as  evidence  of  title 6,  p.  5185  §  3'M8 

parol  evidence    not    admissible   to    contradict  or    explain 

^',""  •  •  •; 6,  p.  5185,  §  3219 

exceptKms:  latent  ambiguities 5  j,  51^7^  g  g.j^Q 

not  admissible  to  show  mistake  in  drawing  or  e.xprJss  ng 

.     .   ,.'**'!^'' ••;•••; 6.  p.  5188,  §3221 

juris  hcti  n  of  equity  to  correct  mist  ikes  in  wills 6,  j..  5 1 87   §  S'>'>1 

misrepresentations  no  ground  for  settin-  aside  will 6   p   5IS9'  §  'V>-'o 

nor  testator's  motives,  though  disappr..ve.l  by  court  . .  .6.'  p.  51 9y,'  §  302-' 
nor  because  its  dispositions  are  imprudent  and  unacco.ii,t- 

"^^^ .• 6,  p.  5100,  §3222 

secrecy  m  execution  no  ground  for  impeaching  will. . .  .6.  p.  5190  §  302-> 
that  testatrix  was  deceived  as  tj  her  marriage  with  le-atee 

no  ground  for  setting  aside  her  will .6,  p.  5190  §  3"-i2 

no  ground  for  setting  aside  will,  that  one  having  eonfideiifial 
relations  with  another  prepares  and  directs  the  execu- 
tion of  will  giving  him  benefit 6.  n.  5007   §  .3033 

nor  that  it  was  drawn  by  confidential  friend  wlu  le  wife 

was  beneficiary 6,  p  5207,  §  32.38 

nor  because  one  of  subscribing  witnesses    mariied   ti.ta- 

y^^---- 6,  p.  5207,  §.3238 

nor  because  draughtsman  takes  largely  under  will. .  .6,  p.  5207   §  3->33 

nor  mere  mistake  by  scrivener q'^,   r^oQl,  §  3238 

nor  that  legatee,  a  woman,  acquired  through  illicit  iiiter- 

course  an  influence  over  testator 6.  p.  520S  §  3-'33 

what  18  a  sufficient  finding  as  to  validity  of  will 6,  p  S^os  §  3039 

a  voidable  will  not  known  to  the  law e  p  5190*  §  3002 

will  void  in  part  good  as  to  residue 6^  p  5l9o'  §  3-«2 


6870  WILL8. 

Wills— (Continued.) 

a  petition  to  set  aside  will  should  contain  all  grounds  neces- 
sary   6,  p.  5190,  §3222 

who  may  contest  will 6,  p.  5190,  §  3223 

6.  Construrtion  of  Wills, 

intention  of  testator  always  governs 0,  p.  5191,  §  3224 

general  rules  as  to  construction 6,  p.  5192,  §  3224 

inventory  words,  effect  of  in  construction  of  will 6,  p.  6192,  §  3225 

technical   words   how  far  governed  by  testator's  inten- 
tion  6,  p.  5193,  §  3226 

construction  of  particular  words  and  phrases  in  wills.  6,  p.  5193  n,  §  3226 
"according  to  law" — "and" — "at  his  decease "—" bank 
stock" — "children" — "dying  without  children" — 
"debts"  —  "devise"  —  "  descendants  "—"  dis- 
tributed  "  —  "  dower  "  —  "  estate  "  —  "  family  "  — 
"  goo;ls  or  movables  "  —  "  grandchildren  "  —  "  heirs, 
lawful  heirs,  dying  without  heirs,  etc.," — "home- 
Btead" — "household  goods" — "in  case" — "dying 
without  issue" —  "  die  without  issue  " — "  leaving  no 
issue" — "  lands"—  "lease" — "legacy" — "matu- 
rity"—  "may  die  possessed  of  or  entitled  to"  — 
"more  or  less  "  — "moneys  "  —  " my  plantation" — 
"next  of  kin"  —  "  or"  —  "  ornaments  " — "  personal 
estate  " — "  personal  goods  and  chattels  " — "  jjersonal 
representatives  " — "  property  " —  "  relation  " — "  8<  " 
and  daughters" — "  support  of  family  " — "survlvin,:'* 
> —  "  survivors  "  —  "  wearing    apparel  "  —  "  worldly 

goods  " 6,  p.  51113-5201  w,  §  3227 

\rliole  will  is  to  be  construed  together 6,  p.  5194,  §  3227 

later  provisions  control 6,  p.  5201,  §  3228 

general  intent  prevails  over  particular  intent 6,  p.  5202,  §  3229 

transposition  of  words 6,  p.  5202,  §  3230 

surplusage  and  rejection  of  words 6,  p.  5202,  §  3231 

in  what  cases  the  per  stirpes  and  ^jcr  capita  rules  respect- 
ively apply 6,  p.  5202.  §  3232 

where  power  of  appointment  is  given  to  testator's  wife  and 

none  is  made,  his  children  will  taiie 6,  p.  5200,  §  3233 

efTect  of  bequest  of  debt  due  from  legatee 6,  p.  520(j,  §  3234 

efl'ect  of  becjucdt  of  annuity 6,  p.  52015,  §  3234 

legacy  is  a  personal  charge  on  testator's  wife,  when. . .  .6,  p.  520C,  §  3235 
gift  of  personal  property  for  life-time  with  gift  over.  .6,  p.  520li,  §  3230 
by  statute  in  same  case  devise  is  construed  a  fee  unless  lim- 
ited expressly 6,  p.  5207,  §  3237 

will  include  li  asehold  as  well  as  feehold 6,  p.  5207,  §  3237 

other  statutory  rules  of  construction 6,  p.  5207,  §  3237 

restriction  in  will  inconsistent  with  general  power  of  dis- 

poaal  void 6,  p.  5209,  §  3241 


p.  5190,  §  3222 
p.  5190,  §  3223 

p.  5191,  §  3224 

p.  5192,  §  3224 

p.  6192,  §  3225 

n- 

p.  5193,  §  3226 

.  5193 II,  §  3226 

ik 


-5201  n,  §  3227 
p.  5194,  §3227 
p.  5201,  §  3228 
X  5202,  §  3229 
X  5202,  §  3230 
X  5202,  §  3231 

).  5202.  §  3232 

1 

).  5206,  §  3233 

>.  520(),  §  3234 

'.  520(5,  §  3234 

'.  5206,  §  3235 

'.  520(j,  §  323G 

.  5207,  §  3237 
.  5207,  §  3237 
.  5207,  §  3237 

.  6209,  §  3241 


mLLS.  6871 

Wills— (Continued.) 

when  bequest  will  be  segresated  from  estate 6  p  S-'OO  S  3040 

conditiun  annexed  to  devise  that  it  shall  not  be  "subject  to     ' 

conveyance  or  attachment"  void q   „  5033  §  3241 

a  condition  in  a  devise  of  a  life  interest,  that  it  shall  ccase'on     "    ' 

judgment  against  it,  valid g   p    51Q3  ^  g^, , 

conditions  which  are  illegal  and  impossible,  or  against  pul'.lic'     '     *       " 
policy,  are  void ; g        ^.^jq  „  3. 

conditions  against  contesting  will  are  valid 6*  p   5-'lo'  §  3">43 

construction  of  legacy  charged  with  "support  and  main'te."    " 

nance  "  of  wife  or  family  of  testator 6    p   fl^lO  §  3"44 

perpetuities   cannot  be  created  by  will  6   p   5M1' §  •J-'^4- 

6    tTZ'^  r""- '"  "VT  ""'^'"'  '''  ''''''  ■••••••••  si  P"  3S77;  §  230G 

O.    -ineL-slate;  Legacies  a)nl  Dcvis'Ts. 

any  person  legally  capable  of  acquiring  property  may  take 

aliter  as  to  corporations  in  some  states ...".'.". e'  p   s'lV  ii  S-m 

implied  power  of  agent  to  receiv  e  legacy '.['.'.'.'..{,  p.'     Iq-,  §    \o 

imp.ied  power  of  corporation  t.  take  by  devise 1,,     G'4^  §    3S--> 

>.  ..Doration  without  power  to  take  by  devise  in  its  own  stLtu 

caLnot  do  so  in  another  state j    ,,     qiqs    343 

voluntary  associations  may  take  bequest  or  devise"  '. .'  .2,'  p"  lOi;-''  §  6'95 
father  has  no  authority  to  receive  legacy  left  his  child.  2,  „.  1485*  5  818 
devise  or  bequest  to   heir  who  would   otherwise  inherit; 

eflect  of Q     '  .J, 

eflFect  of  omission  of  children  in  will. .'.'.'.".".".'.".'.".' ".■." '  *  g'  J|'  ij.^j^'  ^  f-,f^ 
to  what  extent  testator  may  disinherit  his  children [.'.'.'o'  p'  y'lo'  ^  3"40 
posthumous    children;    children    in    ventre    sa    mere    may     '     "    " 

take a        ^ 

illegitimate  children  may  iak;";".".;".*;.;;;;  i!:;  i;;:;  "e  I  t^^l^ 

eflFect  of  omission  of  widow  in  will q      '  -.^j^.'  |  g.Tj'i 

election  or  renunciation  by  devisee  or  legatee.*!!!!! '!  'e'  p  y^ie'  §  '^^l^ 
election  by  widow  between  benefits  conferred  by  will  and     "     ' 

her  share  in  community  property 6,  p   5-'i8  s  3.,.54 

election   by   widow   between    testamentary   provision    an.l     "     "    ' 

dower— gift  in  lieu  or  satisfaction  of  dower 6    p   H'^lf)  §  -jo-j^ 

gift  to  wife,  out  of  what  funds  paid q'    ,    -,.,.,y  ^  '.^i-\. 

When  gift  or  devise  to  widow  is  absolute !"! e'  p   '•;"'->o'  ^  '{•">-- 

what  property  may  be  willed !    "  6  p  G'oo'  ^  '^^;^L 

certainty  in  description  of  property  willed  necessary.*.'.  6 '  p "  o^-""  ^^  -j'so 

subject  may  be  identified  by  extrinsic  evi.lence 6,  p   rv>'2   §  s"'JU 

when  after-acquired  property  passes  by  will e'  p  ij"^?  s  3000 

general     and      specific      legacies     defined      an.l      distin-     "^  ' 

,    .,    e"'f«^-. • «,  p.  5225,  §3  3201,  3262 

residuary  legacies,  and  estate  under  the  residuary  clause; 

rights  of  residuary  devisees  and  legatees 6,  p  5006  5  o.,., 

cumulative  legacies 6,  p!  6221).' §  32G4 


€872 


WILLS. 


Wills — ( Continu  ed. ) 

when  legacy  is  charge  upon  land 0,  p.  5229,  §  32C5 

legacies,  when  a  charge  on  land;  subrogation  to  the  rights  of 

creditora 6,  p.  5231,  §3266 

encumbrances  on  estate  are  charge  upon  ])roperty 6,  p.  52IJ2,  §  32G7 

distinction  between  terms  "vested"  and  "contingent,"  as 

applied  to  lejzacies 6,  p.  5232,  §  3208 

law  favors,  and  wills  should  be  construed  in  favor  of,  vesting 

estates 6,  p.  5234,  §  3209 

if  clear  words  of  gift  of  vested  interest,  court  will  not  permit 
absolute  gift  to  be  defeated,  unless  clear  that  very  case 

has  happened  intended  to  defeat  it 6,  p.  5234,  §  3209 

general  rules  of  construction  to  ascertain  if  legacy  is  vtstud 

or  contingent 6,  p.  523t],  §  3270 

in  what  cases  is  legacy  or  gift  absolute 6,  p.  5240,  §  327 1 

legacies  are  subject  to  testator's  debts 6,  p.  5241,  §  3272 

what  devises  are  void  as  in  fraud  of  creditors 6,  p.  5242,  §  3272 

advancement,  what  is  efTect  of  on  bequest 6,  p.  5242,  §  3273 

satisfaction  of  debt  or  portion  by  legacy 6,  p.  5243,  §  3273 

occui)ation  and  abatement  of  legacies 6,  p.  52-14,  §  3274 

lapsed  legacies  become  part  of  residuary  estate 6,  P-  5245,  §  3275 

in  what  cases  legacies  and  devises  lapse 6,  p.  5245,  §  3275 

at  what  time  thould  division  of  property  be  made 6,  p.  5246,  §  3276 

7.   Itevocalion,  licpubUcation  and  licfival, 

in  what  manner  may  will  be  revoked 6,  p.  5247,  §  3278 

cannot  be  revoked  by  mere  words  6,  p.  5247,  §  3278 

will,  not  revoked  by  death  of  legatees  or  beneficiaries.  .6,  p.  5247,  §  3278 
nor  by  alienation  of  greater  part  of  estate  specifically  de- 
vised  6,  p.  5247,  §  3278 

nor  by  acquisition  of  much  larger  estate 6,  p.  524S,  §  3278 

where  statute  prescribes  mode,  evidence  of  revocation  in  any 

other  mode  inadmissible 6,  p.  5248,  §  3278 

law  ivs  to  revocation  of  wills  same  in  law  as  in  equity.  .6,  p.  524S,  §  3278 
will  is  not  less  subject  to  revoc  ition  by  operation  of  law  be- 
cause made  under  sx>ecial  power 6,  p.  5248,  §  3278 

revocation  by  burning , 6,  p-  5248,  §  3279 

by  tearing  or  destroying 6,  p.  5249,  §  3280 

by  mutilation 6,  p.  52.')0,  §  3281 

by  C!incellation 6,  p.  52.")0,  §  3282 

by  subsequent  will 6,  p.  5251,  §  3283 

implied  revocation  in  general 6,  p.  5232,  §  3284 

revoLaiiion  by  subsetpent  marriage.  .2,  p.  1393,  §  702;  6,  p.  5253,  §  3285 

by  subsequent  birth  of  children 6,  p.  52.")4,  §  3280 

by  obliterations 6,  p.  5254,  §  3287 

by  alterations,  erasures  and  interlineations 6,  p.  5255,  §  3288 

by  deed,  or  by  a  change  in  or  sale  of  property 6,  p.  5250,  §  3289 

by  agreement  or  contract  to  convey  property 6,  p.  6256,  §  3290 


p.  5229, 
of 

p.  5231. 
p.  5232, 

IS 

p.  5232, 

ig 

p.  5234, 

it 

ie 

p.  5234, 

d 

p.  5230, 

p.  5240, 
5l'41, 
5242, 
5242, 
5243, 
52-J4, 

5.  5245, 

3.  5245, 

).  5246, 


§3205 

§  3266 
§3267 

§3208 

§3209 

§3239 

§  3270 
§3271 
§  3272 
§  3272 
§  3273 
§  3273 
§  3274 
§  3275 
§3275 
§3276 


).  5247,  §  3278 
).  5247,  §  3278 
).  5247,  §  3278 

>.  5247,  §  3278 

i.  524S,  §  3278 

r 

>.  5248,  §  3278 

.  524S,  §  3278 


.  5248, 
.  5248, 
5249, 
52.11), 
52.10, 
5251, 
5232, 
5253, 
52,14, 
5254, 
5255, 
5256, 
6250, 


§3278 
§  3279 
§  3280 
§  3281 
§3282 
§  3283 
§  3284 
§3285 
§3286 
§  3287 
§  3288 
§3289 
§3290 


WILLS— WORDS,  PHRASES  AND  DEFIXITIONS.  6873 

"Wills— (Continued.) 

Ly  subsequent  chuse  in  same  will 6,  p.  5257,  §  3291 

revocation  obtained  by  menace,  uiulue  inlliience,  or  fi.iud, 

void 6.  p.  5257,  §  3292 

frandulent  prevention  of  revocation  of  will  nut  jjround  for 

setting  it  aside 6,  p.  5:57,  §  3292 

efTcct  of  partial  rovocatiun  of  will 6,  p.  5J.17,  §  ;'>2!)3 

revocation  of  specilic  devi.se 6,  p.  5250,  §  3204 

codicil    with    different    disposition    of    property    revokes 

will 6_  p   r,o-,9^  §  3.2f)5 

codicil  i3  revoked  by  revocation  of  will 6,  p.  5250,  §  3295 

will  net  revived  after  revocation  except  by  re-execution  or 

by  a  codicil 6,  p.  5259,  §  3296 

revocation  of  will  revoking  former  -will   does  not  revive 

former e,  p.  5200,  §3290 

former  will  revoked  by  a  subseri ucnt  one  may,  upon  revoca- 
tion of  the  latter,  be  revived  by  republication. .  .6,  p.  52G0,  §  3298 

re-execution  of  a  will  and  codicils— effet  of 6,  p.  5200,  §  3296 

codicil  operates  as  a  republication  when  referring  to  previous 

will G,  p.  52G0,  §  3296 

will  once  revoked  l)y   written  declaration  cannot  be   rejiub- 

lished  by  parol 6,  p.  5200,  §  3296 

republication  of  will  of    personalty  may    be  proved    by 

parol e,  p.  5260,  §  3298 

if  will  is  made  after  a  donatio  causa  mortis,  donatio   is  tet 

as'tle 3,  p.  2428,  §1337 

Windows. 

See  Easemext. 
"With  all  Faults." 

effect  of  sale  "with  all  faults" 5,  p,  3933,  §2340 

Witnesses. 

See  Evidence,  10;  Wills,  3,  4. 
Women. 

See  CiTizEN'Siiip;  Elections. 

not  eligilile  a'3  attorney-atlaw 1,  p.    COS,  §    127 

carrier  may  reserve  car  for  women  and  escorts 4,  p.  .3252,  §  1000 

same  degree  of  care  required  of  womau  as  of  man 3,  j).  2104,  §1105 

Wood. 

See  Trees. 
Words  and  Phrases, 
in  wills,  see  Wills,  5. 

in  submission  to  arbitration,  see  ARUTTnATTOV  AND  Awahd,  1. 
in  statutes  as  to  attachment  and  garnishment,  see  ArrACU- 

MENT  AND  OaRNLSIIMENT. 

Words,  Phrases  and  Definitions. 

"about" 5,  p.  3843,  §  22S5;  5,  p.  4121,  §  2489;  7,  p.  .'i.'5nn,  §  3.-.31 

"  absence  from  state  " 7,  p.  gOjI,  §  3S13 


6874  WORDS,  PHRASES  AND  DEFINITIONS. 

Words,  Phrases  and  Definitions— (Continued.) 

"  absolute  acceptance  " 4,  p.  2637,  §  1497 

"  absolute  owner  " 5,  p.  3578,  §  2098 

"academy" 3,  p.  1181,  §    G33 

"acceptance" 4,  p.  2(;;?3,  §  U94 

"  accession  " 3,  p.  2:>93,  §  1315 

"ancident" 3,  p.  1717,  §  1013;  5,  p.  3CG3,  §  2140 

"accountable" 1,  p.      88,  §      61 

"act" 7,  p.  .^933,  §  3758 

"actual  notice" 5,  p.  3S2S,  §2280 

"adopti.m" 2,  p.  1467,  §    809 

"affinity" 2,  p.  1296,  §    704 

"after" 5,  p.  4136,  §2496 

"agency" 1,  p.        1,  §        1 

"agent" 1,  p.        1,  §        I 

"  agreement " 5,  p,  3744,  §  2222 

"  alienation  " 5.  p.  3605,  §  2103 

"alimony" 2,  p.  1450,  §    794 

"  along  the  route  " 3,  p.  2466,  §  1364 

"  all  matters  " 1,  p.      88,  §     61 

"allonge" 4,  p.  2737,  §  1575 

"  alluvion  " 6,  p.  4757,  §  2913 

"almshouses" 2,  p.  1178,  §    633 

"  alterations  " 5,  p.  3590,  §  2103 

"  among  " 6,  p.  4485,  §  2752 

"animals" 3,  p.  2471,  §  1365 

"annuity" 3,  p.  2430,  §1341 

"appurtenances  " 6,  p.  4580,  §  2806 

"  arbitration  " 6,  p.  5264,  §  3.97 

"assault " 3,  p.  1804,  §  1051 

"  asset " 3,  p.  1723  n,  §  1018 

*'as  soon  as  possible  " 5,  p.  3557,  §  2075;  5,  p.  4130,  §  2496 

•'act  " 5,  p.  4136,  §  2496 

"  attend  to  business  " 1,  p.      88,  §      61 

"attorney" 1,  p.        2,  §       2 

"attorney-at-law" 1,  p.  2,  §  2;  1,  p.    205,  §    126 

"  attorney-in-fact " 1,  p.        2,  §       2 

"attornment  " 6,  p.  4651,  §  2S50 

"auction" 1,  p.    356,  §    212 

"aucti-neer" 1,  p.  2,  §  2;  1,  p.    3">9,  §    213 

"author" 4,  p.  2812,  §  1625 

"baggf»ge" 4,  p.  3317,  §  1948 

"baHment " 4,  p.  2S'.)7,  §  1692 

"bank  l)iU" 2,  p.    962,  §    536 

"banker" 2,  p.    855,  §    509 

"banking  law  " 2,  p,    856,  §    5i)9 

"banks  of  issue" 2,  p.    856,  §   50!) 


AVORDS,  PHKAbES  AND  DEFINITIONS. 


6875 


2637,  §  1497 
3578,  §  2098 
1181,  §  033 
2();{3,  §  1494 
2;>93,  §  1315 
3603,  §  2140 
88,  §   01 
.';9D3,  §  3758 
p.  3S2S,  §  2280 
p.  1467,  §  809 
,  1290,  §  704 
4130,  §  2496 
.   1,  §   1 
1,  §   1 
3744,  §  2222 
3605,  §  2103 
1450,  §  794 
2400,  §  1304 
88,  §  61 
2737,  §  1575 
4757,  §  2913 
1178,  §  033 
3590,  §  2103 
4485,  §  2752 
2471,  §  1305 
2430,  §  1341 
45S0,  §  2800 
6264,  §  3-97 
1804,  §  1051 
1723  n,  §  1018 
p.  4130,  §2496 
4136,  §  2496 
88, §  61 
2,  §   2 
205,  §  126 
2,  §   2 
4051,  §2S50 
350,  §  212 
3 -.9,  §  213 
».  2812,  §  1025 
'.3317,  §1948 
I.  2397,  §  1092 
I.  902,  §  530 
>.  855,  §  509 
.  856,  §  509 
.  856,  §  509 


P- 
P- 
P- 
P- 
P- 
P- 
P- 
P- 


Words,  Phrases  and  Definitions-(Continue(l ) 

2^'y" 3.  p.  1804.  §  1051 


'bed' 


"  beuevoleut  institution  " 2   n    1177  s    cii 

..ijii.i  -i,  p.  1177,  §  033 

bil  o  ex-ohanse" 4,  p.  2579,  §  1444 

'Y^f'^^«   4,  p.  3175.  §,851 

-      blank  iiulorsement  " 4    „   o-o'   c  1  -,. . 

"&o««>/e  holder- V.V. 4'    '  ^-i;       'ro 

..^"T7    3,  p.  2551.  §  1423 

..,^"'^"    7.  p.  0280,  §  4005 

"^^^oker" J 

,./;••*;; s,  p.  4130,  §2400 

J'^-'^^'V 1.P-    803,  §    4S2 

"-^"^'^^    1.P.      83.§      01 

»:::f7^ 3,  p.  2045,  §1107 

•'cash.ii;;cij,;d;"::::::::::::::: ;•!;•  ^f.'l  'i 

-certificate  of  deposit" , :::::::2;p:  ;59:  535 

..t^"P"7   •,; 5,  p.  4002,  §2400 

change  o   occupancy" 5,  p.  3009,  §  2109 

change  o  possession" 5,  p.  3009,  §  2109 

change  of  ftle" 5,  p.  .-^OOS.  §  2109 

charitable  institution  "..2,  p.  1132,§022j  p.  1170,  §  033;  p.  1177  §    033 

:t:^r 2.P.1139;§025 

„   ,      '   •■•••••,; 4,  p.  2S17,  §  1026 

charter  party".       3,  p.  2501,  §  1434 

chattel  mortgage" 6.  p.  4938.  §  3075 

":hS?'.::::::::::: i'^-  '^i^^' 

"children" ;;: e '•.l'''^^''' 

-6,  p.  44^5,  §2752 


"chosea  inaction" g   „   ]3.^q' 

l',"^^''^" 2.  p.  1175.  §033;  2.'p.' VlVo.V  O33/3,  p.  I'm, 

'  cite  and  apnear  " ■, 


appear 

"  citizen" 

"  claims  and  elTects  " 

"C.O.D." 

"codicil" 

"collateral  security", 

"  college  " 

"comniodatuni " 


<<  / 


'oonimtrce    

"commission  agent ". 


'commission  merchant". 


§    734 

§    033 

1.  p.      89,  §     01 

1.  p.    618,  §    349 

1.  p.      89,  §      01 

4,  p.  31 SS,  §  1859 

6,  p.  5120,  §3153 

4,  p.  L9J0,  §1751 

2,  p.  1180,  §    0.33 

4,  p.  2911,  §  1099 

7,  p.  0092,  §3871 

1.  p.        2.  §        2 

1,  p.  414  n,  §§  410-227 


6876 


WORDS,  PHRASES  AND  DEFINITIONS. 


Words,  Phrases  and  Definitions— (Continued.) 

*'  common  carrier  " 4,  p. 

"  common  law  " 7,  p. 

"communicated" 3,  p. 

"competent" 6,  p. 

"concealment " 5,  ]). 

"  concern,  to  whom  it  may  " 5,  ji. 

"condition  precedent" 6,  p. 

"  con<lition  subsequent  " 6,  p. 

"  conditional  acceptance  " 4,  p. 

"  conditional  indorsement " 4,  p. 

"  confusion  " 3,  p. 

"  consanguinity  " 2,  p. 

"  consideration  " 5,  p. 

"conspiracy" 3,  p. 

"  constitution  " 7,  p. 

"  constructive  notice  " 5,  p. 

"  corporation  " 1,  p.  598,  §  332;  7,  p. 

*'  corporation  af;j;rei;ate  " 1,  p. 

"  corporation  sale  " 1|  p. 

"  corporeal  hereditament  " 6.  p- 

"  cost  " 1,  p. 

"  covenant " 5,  p.  3S51,  §  2294;  6,  p. 

"credible" 6,  p. 

"cruelty" 2,  p. 

"  dangers  incident  to  the  navigation  of  the  river  " 2,  p. 

'•  dangers  of  navigiition  " 4,  p. 

**  dangers  of  the  lake  " 4,  p. 

"  dangers  of  the  river  " 4,  p. 

"  dangers  of  the  seas  " 4,  p. 

"  death  by  the  hands  of  justice" 5,  p.  3617, 

"death  in  violation  of  law" 5,  p.  3047, 

"debt" 1,  p. 

"debts" 2,  p. 

"  dedication  " 4,  p. 

"deed  " 5,  p. 

"defamation  " 4,  p. 

"del  credere  agent " 1,  p. 

"  demurrage  " 3,  p.- 

"  dependent " 3,  p. 

"  deposition  " 4,  p. 

"desertion" 2,  p. 

"directly " 5,  p. 

"  discharged  " 2,  p. 

"disease  " 5>  p 

"  disseisin  " 6,  p. 

"doing  business" 1|  p> 


3071,  §1189 
S9r)7,  §  3789 
24(50,  §  1.364 
5irj5,  §  3170 
3r)20,  §  20()0 
3194,  §  2042 
4493,  §  2753 
44  4,  §  2759 
2037,  §  1493 
2731,  §  1570 
2395,  §  1318 
1-J90,  §  704 
3702,  §  2244 
1789,  §  1047 
5S77,  §  3741 
3828,  §  2280 
6IS2,  §3919 
593,  §  332 
598,  §  332 
4309, §  2679 
89,  §  61 
4007,  §  2824 
515.5,  §  3176 
1432,  §  783 
1432,  §  783 
3183,  §  1859 
318.3,  §  1859 
318.3,  §1859 
3183,  §  1859 
§§2131-2132 
§§  2131-21.32 
832,  §  497 
898  «,  521 
452S,  §  2777 
3786,  §  2266 
2175,  §  1223 
3,  §  2 
2563,  §  1434 
1953,  §  11.32 
21)  10,  §  l(i99 
1437,  §  784 
4136,  §2496 
1573,  §  875 
3666,  §  2142 
4421,  §  2710 
G15,  §    347 


WORDS,  PHRASES  AND  DEFINITIONS. 


6877 


5,  p. 
I.  p. 


',P. 
I.  p. 
,  p. 

i,  p. 
.,  p. 


I,  p.  3071,  §1189 
r,  p.  5957,  §  3789 
i,  p.  2460,  §  13G4 
J,  p.  51/35,  §  3176 
i,  p.  3520,  §  2060 
i,  p.  3tf)4,  §  2042 
J,  p.  4493,  §  2753 
4t  4,  §  2759 
2G37,  §  1498 
t,  p.  2731,  §  1570 
\,  p.  2395,  §  1318 
5,  p.  1-20G,  §  704 
»,  p.  37G2,  §  2244 
\,  p.  1789,  §  1047 
',  p.  5S77,  §  3741 
i,  p.  3S28,  §  2280 
6182,  §3919 
598,  §  332 
508,  §  332 
4369,  §  2679 
89,  §  61 
I  p.  4G07,  §  2824 
I.  p.  5155,  §  3176 
I,  p.  1432,  §  783 
I,  p.  1432,  §  783 
:,  p.  3183,  §  1859 
:,  p.  3183,  §  1859 
:,  p.  3183,  §1859 
:,  p.  3183,  §  1859 
U7,  §§2131-2132 
i47,  §§  2131-2132 
,  p.  832,  §  497 
898  k,  521 
452S,  §  2777 
3786,  §  22G6 
2175,  §  1223 
3,  §  2 
25G3,  §  1434 
1953,  §  1132 
2!)  10,  §  1(;99 
,  p.  1437,  §  784 
,  p.  4136,  §2496 
,  p.  1573,  §  875 
,  p  3660,  §  2142 
,  p.  4421,  §2710 
,  p.  G15,  §  347 


P- 
P- 
P- 
P- 
P- 
P-- 
P- 
P- 


Words,  Phrases  and  Deflmtion8-(Continued.) 

"donatio  caufta  mortia  "  „ 

•MouLlemaurance"        3,  p.  2400,  §  1324 

"dower"  °'  P-  3^'^>'  §2038 

"draw,  indorse  ami  VcVepVbilis*" ?'  P'  ^T,'  ^    '^^ 

"  due  process  of  law  "  t' ^'  ^^ 

"  duress  "  '•  P'  ^^^*>  §  3"88 

"employee". ».  P- 3942,  §  2364 

"encumbrance"  ^' P'    ^^^>  §    4^9 

"equal  protection  of  laws" 5,  p.  3583,  §  2099 

"equipments"  7,  p.  6044,  §  .3833 

"equity  of  redemption".'.' 2.P-1177,§    633 

"escrow"  6,  p.  4S97,  §  3023 

"estate"..'.'. 5,  p.  .3817,  §  2277 

"estray"  ®' P-  ^415,  §  2703 

"eviction"".' 3,  p.  2400,  §  1.380 

"execute".        6,  p.  4G85,  §  2S7S 

"executed".   L  PP- 91-92,  §      62 

"exec 


utory  considerati'on'"'.  .'.'.* fi    '"  SI''  !  ^"^^ 

•nsesofthefamiiy".::::;:::::::::;;:;:;;;;;;f  p-^i!!'§2257 

osion  " e 

ex  post  facto  laws  " „' ^' 


expenses  of  the  family  ' „        ,  oo ,    » 

"explosion"....  3,  P-  1381.  §    752 

u . „,  /•...-  ,     '  *.'. 5.  P-  3615,  §  2J 13 

"express  contract ".  -,  p.  6102,  §  .3877 

"extreme  cruelty".       5,  p.  .3744,  §  2221 

"factor" :.       V'VVo    ;P-^^'^'-'^    '^^ 

"facultative".... 1' P- 2.  §  2;  1.  p.  414.  §    227 

"fallen  building"     J  P- 2731,  §  1569 

"family  physicL"..';;; 5,  p.  3618.  §2115 

««f5re»  : 5.  P-  3641,  §  2125 

"foreign 'bm'" 4,  p.  3189,  §  1839;  5,  p.  .3GI3.  §  2113 

:^:^" :"-^":--:"p:i^§207i1;^:S^SJ::j 

:;;:::?^-" ^'V.^:,^;'i:,:o^:^^e:ii  9SI 539 

..from"      2,p.  1180,§   633 

"  full  co^^nlnis '"'.;*.'. 5.  p.  41 36,  §  2496 

"furniture"....  5.  p.  3853,  §  2294 

"game" ;^- 6,  p.  45S0,  §  2806 

"general  acceptw'':;;;::: VT^^'P'"' 

••general  agent" ..■......■.'.*;:;.';;::::.■ ^' P- 2C37.  §  1497 

"general  average" q' ^' o-J' !       * 

«gift»  °       3,  p.  2.J69,  §  1441 

"give  <ii;;h;;g;;  "■::;:;;::;::::;:::;;; ^.p- 2^0.  §1324 

"good  and  perfect  deed  " r'  J"  ,„.:'  !  „„?^ 

"good  and  perfect  title" «   ^IS'' f  f '* 

"goodconsLration".     5.  P-  35.9,  §  2098 

"good  health" 5   ^-SS'T'''' 

UWSOXR.&R.-478.    6.  p.  3637,  §2123 


6878  WORDS,  PHRASES  AND  DEFINITIONS. 

Words,  Phrases  and  Definitions— (Continned.) 

"  good  order  and  condition  " 4,  p.  3190,  §  1859 

"goods,  wares  and  merchandise" 1,  p.  779,  §  403;  6,  p.  GO  4,  §  2328 

"gross  misbehavior" 2,  p.  1413,  §    787 

"  gross  negligence  " 4,  p.  2912,  §  1G39 

"  guardian  " 2,  p.  1534,  §    8U 

"  habitual  drunkenness  " 3,  p.  1410,  §    786 

"heirs" 6,  p.  5072,  §3113 

"  hereditament  " 6,  p.  43GS,  §  2G78 

"hire" 1,  p.      92,  §      62 

"his" 5,  p.  3579,  §  2098 

"  house  " 7,  p.  5902,  §  3758 

"houses" 2,  p.  117G,  §    633 

" immediately" 5,  p.  4136,  §  2106;  5,  p.  3537,  §  2075 

"implied" 5,  p.  3744,  §2221 

"  imports  " 7,  p.  G107,  §  3SS3 

"  incorporeal  hereditament " 6,  p.  4369,  §  2679 

"indebtedness" 1,  p.    832,  §    497 

"indignities" 3,  p.  1443,  §    787 

"  indorsement " 4,  p.  2724,  §  1562 

"  inevitable  accidents  " 4,  p.  3183,  §  1859 

"  inhabitant 7,  p.  6056   §  3840 

"  inland  bill  " 4,  p.  2  J79,  §  1444 

"  inland  navigation" 4,  p.  3314,  §  1946 

"innkeeper" 4,  p.  3015,  §  1778 

"insolvency" 5,  p.  4128,  §  2493 

"institution" 2,  p.  1179,  §    6:53 

"  interest  in  land  " 1,  p.    779,  §    468 

"  invasion  " 5,  p.  3G1 7,  §  21 14 

"  invest " 1,  p.      92,  §      63 

"  laborer  " 1,  p.    837,  §    499 

"  land  " 6,  p.  43G3,  §  267S 

"lauds" 1,  p.      93,  §     63 

"  law  " 7,  p.  5879,  §  3742 

"  law  day  " 6,  p.  4955,  §  3054 

"  lay  out  " 1,  p.      93,  §      63 

"  leakage  and  breakage  " 4,  p.  3191,  §  1359 

"  lease  " 6,  p.  4573,  §  2S01 

"legal  interest  " 5,  p.  4064,  §  2440 

"legal  heir" 2,  p.  1312,  §    715 

"legislature " 7,  p.  5902,  §  3753 

"  library  building  " 2,  p.  1181,  §    633 

"  library  society  " 2,  p.  1179.  §    633 

"libel" 3,  p.  2266,  §  1266 

"  license  " 5,  p.  4351,  §  2J68 

"lien" 5,  p  3579,  §2098 

"lightning" 5,  p.  3314,  §2113 


§1850 
§  2326 
§  787 
§  1G39 
§  8U 
§  7S6 
§3113 
§2078 
§  G2 
§2093 
§3758 
§  633 
§2075 
§  2221 
§3883 
§2679 
§  407 
§  787 
§1562 
§  1859 
§  3840 
§  1444 
§  1946 
§1773 
§  2493 
§  6,33 
§  463 
§2114 
§  63 
§  499 
§267S 
§  63 
§3742 
§3054 
§  63 
§1359 
§2801 
§2440 
§  715 
§3758 
§  633 
§  633 
§  1266 
§2J63 
§2038 
§2113 


W0HD3,  PnilASES  AND  DEFINITIONS.  6879 

Words,  Phrases  and  Daflnitions -(Continued.) 

Imutbd  pirtuershius  "....  _ 

"livery  of  seisin"  2,  p.  1274,  §    683 

"local  law"  ®'  P-  *♦-'.  §2709 

"located"...'. '^'  P-  5S97,  §3755 

"  Incatlo  cowluc'tio" ^'  ''•    ^S"' §    ^''"^ 

"locadocustodiae" 4.  p.  o.'M  I,  §  1693 

'*loratloop.ns/aciendi" •• -4,  p.  2911,  §  1698 

;;w;oo,.w.,„.v;«...w™;":::::: tpoilllil?"^ 

" locatio  rii "  «,  p.  -'.'1 1,  §  1698 

••  Jnai.itaiu  " 4,  p.  291 1,  §  1G98 

"maintenance" ^'  P"    "S*^' §    •''^6 

"make  d..ed3  and  ^aiJs" ^'  P' 4002,  §  240J 

"malica"...  ^' P-      ^3,  §      63 

" m :uia:re  "....\... ^'  P'  ^^^^'  §  ^^97 

"mcmfitnm  " ^'  P-      ^^'  §      ^'^ 

"mariii-e"        4,  p.  2911,  §1698 

" marriag.  scttiemeaVs'-' J'  P"  ^'^^'  §    '«"- 

"may"  2,  p.  1384,  §    755 

"means"of'support" 7,  p.  6191.  §  3930 

" military  or  u.urpod  power" 3.  P-  1957,  §  1 1:^5 

"military  service"  5.  p.  .3(117,  §  2114 

"minerals"...         5.  P-  .%'I9,  §  2133 

"  mining  claim  "   ®'  P-  4'^''^'  §  26S4 

"mobiorriuts"       ",' ®'  P"  4377,  §  2083 

"money" ^' P-  3018,  §2114 

"month"     ..\ «'"".Vn 2,  p.  962«,  §    536 

"more  or  loss"..'.'.' ^  ^^  t  '    '  ?''''^'  ^'  P'  2«2*.  §  14S4 

"mortgage"  ..    f'  ^.,'5 '  § -^^'"'^  ^'  P"  3 ^4 2,  §  2285 

"n^y We".::;:;:::: <^'P-2os9«.§i75i; i,p.  y,,g  ^3 

"name  of  the  owner".      ^'  P"  3;"9,  §  2098 

"  national  bank  " ;;;; ^'  P'  ^^^^'  §  1378 

"  natural  boundary  " ^'  P"    ^^~'  §    ^l^ 

"necessaries" p"  ••;;;:•;•;•  •••^' P"  3343,  §  22S6 

"necessity  or  charity"  >  a  '-",  *s,  p.  louj,  §    829 

"negligence  " *.".".*.*.'.'.".". ^'  P'  ^^''^^'  ^  ^^1 9 

"uegotialde  instrument" ^'  P"  ~^^^>  §  ^^13 

"net  profits"....  *' P'  2579,  §  1444 

" next  of  kin ■^'  P'    407.  §    206 

"nonassessable"...'..'*** ^'  P"  ^"■-'4.  §  1018 

"noting" .*:': ^'  P-    825,  §    495 

"obtain  securities"'.'.'.'.*.*.*.* ■*'  P'  ^^^^'  §  ^^25 

"occupancy" ^'  P-      9*.  §      03 

"officerof  U.  S.".;; ^' P-  2384,  §  1309 

"on" 2,p.S91w,§  519 

"demand". 5,  p.  4136,  §  2496 

"or  before "....*. 5,  P- 4136,  §  2496 

5,  p.  4137,  §  2498 


6880 


W0RD3,  PHRASES  AND  DEFINITIONS. 


Words,  Phrases  and  Definitions— (Continued.) 

'  open  policy  " 8,  p,  3403,  §  2011 

'  ordinance  " 7,  p.  6233,  §  3978 

'  ordinary  negligence  " 4,  p.  2912,  §  1099 

orphan  aayluma  " 2,  p.  1178,  §    033 

'other  insurance" 6,  p.  3527,  §2007 

'owner" 6,  p.  3581,  §  2098;  7,  p.  0129,  §  3394 

•owner's  risk" 4,  p.  3191,  §  1859 

'  paid-up  stock  " 1,  p.  821  n,  §    493 

'  passengers  " 4,  p.  32.")0,  §  1899 

paraphernalia" 8,  p.  14()S,  §    771 

'  partnership  " 2    p,  1 199,  §    635 

'  parson  " 4*  p.  2989,  §  1751 

'perils  of  the  lake" 4,  p.  31S3,  §  1853 

'  perils  of  the  river  " 4,  p.  3183,  §  1859 

'perils  of  the  seas  " 4,  p.  31S3,  §  1359 

'  permanent  policy  " 5,  p.  341^2,  §  2041 

'  permanent  solicitor  " 1,  p.    29l>,  §    174 

'permanently" 2,  p.  li_'4,  §    619 

'  perpetual  succession  " 1,  p.    842,  §    50 1 

' pei-son " 3,  p.  1724,  §  1018;  3,  p.  lO.H,  §  1 133 

'  personal  representatives  " 3,  p.  1 723,  §  1013 

'  pii/nus  " 4,  p.  291 1,  §  1099 

'pilot" 3,  p.  2500,  §  1431 

place" 1,  p.  94?  §03;  2,  p.  1170,  §    633 

'pledge" 4,  p.  2.)89,  §  1751 

'  poison  " 5,  p.  303(5,  §  2142 

■  preferred  stock  " 1,  p.    061,  §    393 

'  police  power  " 7,  p.  6156,  §3907 

'premium  notes" 5,  p.  3673,  §  2147 

■presentment" 4,  p.  2029,  §  1487 

'private  carrier" 4,  p.  3077,  §  1789 

'  private  corporation  " 1 ,  p.    598,  §    332 

'privileges  and  immunities  " 7,  p.  0',)12,  §  3332 

'  privileges  of  reshipping  " 4,  p.  3192,  §  1859 

'  probable  cause  " 3,  p.  1864,  §  1036 

'  process  " 7,  p.  5721,  §  3630 

'  procure  a  purchaser  " 1,  p.      94,  §      63 

'  profits  " 1,  p.    730,  §   4(59 

'profits  for  the  year" 1,  p.    789,  §    469 

'promise" 5,  p.  3745,  §2223 

'promissory  note" 2,  p.  900,  §535;  4,  p.  25S1,  §  1447 

'property" 1,  p.  779,  §  408;  3,  p.  lOlO,  §  1134 

'protest" 4,  p.  2009,  §  1526 

'  public  corporation  " li  p.    593,  §    332 

'public  officer" 7,  p.  5974,  §3799 

'  public  achoul" 2,  p.  1130,  §    633 


■}.  34!)3,  §  2041 
p.  G'ins,  §  3978 
2912,  §  1099 
1173,  §  G33 
3527,  §  200  7 
CI 29,  §3894 
3191,  §  1859 
.  821  n,  §  493 
p.  32:)0,  §  1899 
HOS,  §  771 
1191),  §  635 
2989,  §  1751 
31  S3,  §  1859 
3183,  §  1859 
?.  3183,  §  1859 
p.  3i\>2,  §  2041 
29S,  §  174 
11:^4,  §  619 
842,  §  501 
1954,  §  1133 
1723,  §  1018 
2f)ll,  §  169J 
25aO,  §  1431 
1176,  §  633 
2:)89,  §  1751 
>.  36(30,  §  2142 
».  601,  §  393 
).  6156,  §3907 
J.  3673,  §2147 
J.  2029,  §  1487 
).  3077,  §  1789 
).  598,  §  332 
).  6012,  §3332 
).  3102,  §  1859 
).  1 804,  §  1086 
).  5721,  §  3030 
).  94,  §  63 
).  7S0,  §  409 
).  780,  §  409 
).  3745,  §  2223 
>.  25S1,  §  1447 
>.  1050,  §  1134 
•.  2600,  §  1526 
•.  503,  §  332 
'.  5074,  §  3799 
>.  11  SO,  §    633 


WOKDS,  PHBASEa  AND  DEFINITIONS. 
Words,  Phrases  and  Doflnitiona -(Continued  ) 

"mililio.  ii»n"  ■' 


6881 


publio  use' 

"qualified  accepta.,ce"". J.  p.  6112,  §  3SS5 

"  qualified  iiulor.emeufc  ". ^  P"  -''^^'  ^  '^^^ 

"qitungmu-dim"..    .         ■*'  P'  -"-''•  §  ^^03 

"(7«a«-i„doraer T'  P"  ^•"•^' ^    ^OS 

"  Qua.i  public  corporatio.;-' '.'. t'  ^^  '?"'  ^  '^"^ 

"quorum"..  ^'  P'    ^^^.  §    332 

"railroad  corpo^atioa".'." 7,  p.  6233,  §  3973 

"ratified" .' [[''"' ^'  P'    ^32,  §    497 

"  reasonable  alcill  and  dilL.enc-o  "'.'. J'  ^'    , f !'  !      "^ 

"recaption" ^'  P"    '-7.  §      S3 

"receive  chocks ".'.'.'.*.'."..'.".'.'.".'.".'.'.' ^'  '*'  ^"^'''  ^  ^*^^''* 

''reinsurance....  '  P'      ^^' ^      ^* 

"relation"  5,  p.  34S2.  §  2033 

"relictions"    2.  P-  1312,  §    715 

"remainder"     6.  p.  4757,  §  2913 

"rent"  ®'  P- ^  400,  §  2740 

"repairs" 6,  p.  4592,  §  2SU 

"resident"       5.  p.  3590.  §  2103 

"r,8j>o»d.'>u;a ».V.V. I'  P-  *^"^'^'  §  ^^^^ 

"restrictive"    3.  p.  2551,  §  1423 

"retainer" '.'.V. *.  p.  2732.  §  I57I 

"reversion" ** ■^' P"    -^^' ^    ^56 

"  running  at  large  " ^'  P'  ^^"^'  §  ^744 

"salary"  ^'  P-  "^H  §  1378 

"sale  of  reareVt'a*te".V.V.V. T'  P"  ^--«'  §  37G4 

"satisfacion".  ^>  P"    ■'^■'».  §    212 

"savings  bmk" 5.  p.  4143,  § -505 

"schism"....        ^' P-    S74,  §    513 

"security  notes' "'.'.'.'.'.'.*.'.'.'.'.'.*.■'■. "l ' ?'  P'  [[[^J  §    ^17 

"seduction  ". 


2073,  §  2147 

seizm"....'.".*.'.V.V. ^   P-  ^^->.  §  1110 

"  sell  and  convey  »* ,[][  ...V.'.'.V.'.V. «  ^'  f  T-'  !  ''^^ 


'servant".. .. 
"shifting  use  ". 


'serious  or  severe  illness "  -'  P"  ^"*^'*'  § -''^^ 

««<.o 4...  o.  p.  3037,  §2123 

,l.p.  433,  §231;  1,  p.    5II,  §    294 

"ships"  • ^'  P-  3309,  §  1973 

"  ship's  husV-a^d"" 1.  p.  100.  §  CG;  3,  p.  2,47.  §  ui9 

"short  time" ^'  P*  -"''^''  §  ^^-S 

"  simple  contract  » . . V.'. V. .^'  P*    ^^^'  §    ^26 


5,  p.  3744.  §2221 

"slander"  « ^' P-     1*^'>  §      CC 

''Zw'     3.  p.  2220,  §  1245;  3.  p.  2200.  §  1206 

P-  2912,  §  1099 


sign  a  name  " , 


"sole  and  unconditional  owner"..  k        o-n. 

"solicit" 5,  p.  3a80,  §2093 

"sound  and  dispo;bgm;nd  and  mem;;y  "V.V.'.V.V.V.'.e;  p.'  5131,  I  3153 


C882  wouds,  rniiASES  and  definitions. 

Words,  Phrasos  and  Deflnitions— (Continued.) 

"Boun.l  orikr" 0,  p.  3030,  §2374 

"special  ai,'ent  " 1,  p.        1,  §        1 

"special  iiilorseiiicut" 4,  p.  2727,  §  IIjIj'i 

"spooial  law" 7,  p.  5S.)7,  ^'M5o 

"sprin-in:;  usq  " 4,  p.  S.'iG;),  §  1973 

"  stock  divideiula  " 1,  p.    78.',  §    472 

"stock  notes  " 5,  p.  3  i73,  §  21 47 

" 8topp;\go  ill  transitu" 5,  p.  4127,  §2192 

" submission" ! G,  p.  5201,  §  3297 

"  8ul)ro;;ation  " G,  p.  49  H ,  §  394G 

"succL'ssion" G,  p.  5  )GS,  §  3103 

«'  suit " 7,  p.  5w  1 ,  §  H59i 

'    "8upercar;;o" 3,  p.  2.")')7,  §  I4.'7 

"  supra  protpst " 4,  p.  2012,  §  1.102;  4,  p.  27S9,  §  I  (J.. 9 

"surreiulcr  " 0,  p.  4GGS,  §  2JGj 

"take  care  of" 1,  p.    101,  §      60 

"tenement" G,  p.  4:i;;3,  §2073 

"tenure" 0,  p.  4123,  §  2711 

"term" 7,  p.  5937,  §  3SII0 

"tcstanuntary  cnp-.city" G,  p.  5131,  §  3153 

"  title  " G,  p.  4  !91 ,  §  2092 

"tort" 3,  p.  1710,  §  1)09 

"total  (lisaljility  " 5,  p.  3070,  §2115 

"transact" 1,  p.    102,  §      03 

"  transfer  " 5,  p.  3(i03,  §  2109 

"traveling" 6,  p.  3l)(J5,  §  2141 

"treasure  trove" 3,  p.  2;]38,  §  1311 

"  true  title  and  interest " 5,  p.  3580,  §  2093 

"trust" 4,  p.  3373,  §  1979 

*' ultra  vires  " 1,  p.    023,  §    352 

"  unavoidable  accidents  " 4,  p.  3183,  §  1859 

"  unavoidable  dangers  of  the  river  " 4,  p.  3183,  §  1S59 

"  unoccupied  " 6,  p.  3593,  §  2104 

"upon" 5,  p.  4130,  §2496 

"used" 4,  p.  3235,  §  1S83 

"uses" 4,  p.  33f)3,  S  1973 

"  usual  covenants  " G,  p  4613,  §  2826 

"  usual  medical  attendant " 6,  p.  30 ) ) ,  sj      '' 

"  usual  stopping-place  " ^    v"  -''I.  §  18U9 

"  usual  terms  " .,  >9,  §  3704 

"usuance" .>.  2623,  g  14S3 

"vacant" p.  359:^   §2104 

'•  valuable  " 6,  p.  37i >  >,  §  2243 

«•  value  " 4,  p.  2746,  §  15S0;  6,  p.  3'  .'0,  §  2116 

"value  and  contents  unknown " 4,  p.  3192,  §  1359 

"  valued  policy  " 6,  p.  3193,  §  2041 


3. 


..0,  p, 

..l.p 
..4,  p, 
..7,  p 

..4,  p, 

..l.p. 
..5,  p. 
..5,  p. 

.0,  p. 

.G.  p. 
..G,  p. 
..7,  p. 
..3,  p. 
i  4,  p. 
..G,  p. 

..l.p. 
.0,  p. 

•  G,  p. 
.7,  p. 
.0,  p. 

..G,  p. 

.3,  p. 

,.5,  p. 

.l.p. 

,.5,  p. 

.6,  p. 

.3,  p. 

•  5,  p. 
.4,  p. 

.l.p. 
.4.  p. 
.4,  p. 
.5,  p. 
.5,  p. 
.4,  p. 
.4,  p. 
.6,  p 
.5,  p. 
.4   p. 


>,  p. 
5,  p. 
5,  p, 

4,  p. 

5,  p. 


,  393f),  §  2374 
l.§       1 

2727,  §  liJM 
.  5S.)7,  §  3755 
3.']03,  §  1973 
78.'.  §  472 
3i73.  §2147 
4127,  §2102 
520 1,  §3297 
4!)H,  §304G 
5)0^,  §3103 
5-.7I,  §:^592 
2.-,-)7,  §  1427 
27S9,  §  I()G9 
4CGS,  §  2iG5 

101,  §  68 
4333,  §  2G73 
412.3,  §2711 
5937,  §  3Sl)0 
5131,  §  3153 
4  591,  §2(i02 
1710,  §  1)09 
3070,  §  21 15 

102,  §  03 
3()0S,  §  2109 
3;)()5,  §  2141 
23S8,  §  1311 
;^5S0,  §  2093 
3;573,  §  1979 

023,  §  352 
,  3183,  §  1859 
,  3183,  §  1S59 
.3593,  §  2104 
4130,  §  2496 
3235,  §  1S88 
33(53,  §  1973 
401.3,  §  -2826 
3011,  §  ••" 
•^Jol,  §  1899 

.,39,  §,3704 
2623,  g  14S3 
359:^  §  2104 
37''..t,  §  2248 
3;),  §2116 
3192,  §  1859 
3493,  §  2041 


^70RD3,  PHRASES  AND  DEFINITIONS— WHIT.  6883 

Words,  Plxrasas  and  Daflaitions -(Continued  ) 

;:;:;:;/;:''"  "^'^''-^" 6,  p.  4377  ».§  2084 

uTvt" 3.  p.  2517.  §  1419 

„     ^^  „    6.  p.  40;»7.  §2420 

„       ,       ;, 3,  p.  238S,  §1311 

r^^^,    ••• •„• 3,  p.  1724.  §  1013 

w..   nv  s  allow.,...  '    g     ,. 

"wi.lowafnuMiitiii'j" Q   „    ,,,„  .    „., 

;;^^'rr'"'^; .;.::::::^:  :S  li 

w.  hou    rec.urso- 4.  p.  o;..,.  ^  ,5,3 

w.th..ut  recurve" j  3  212 

"worryiii,'    q        01  - 

••wr„„,(ul  „l,  neakotor  Li^^lt'-^.'/Z^Z'.'.'.'.l'.'.'.a.  t  ITai,'  8  1019 

WcrCn'"' """'"""■■ 3,,..7.7,s.0,» 

lien  of.  see  Liexs.  2. 

action  will  lie  for  preventing  workmen  by  threats  from  00m- 

,.     plating  work 3.  p.  2295.  §  127Q 

ordinary  care  retpured  of  workman,  artisan  or  artilieer  (l<.ing 

work  or  servi.fs  on  property 4^  j^_  203G,  §  1729 

slanders  oumechaiiica  and  workmen,  when  actionable.. 3    u   2-^47' 55  1->1« 
Wrecks.  '  ^'         '  ^       " 

title  to  wrecks  and  abandoned  vesseb 3^  „.  0333  g  jgjg 

Sje  ArrAcauE.Tr,  5;  Pi,e.vdi.\o  and  Pxi.\cncB. 


